[Federal Register: October 26, 2007 (Volume 72, Number 207)]
[Proposed Rules]
[Page 60793]
[DOCID:fr26oc07-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-0631; FRL-8486-5]

Approval and Promulgation of Implementation Plans; Michigan;
Recordkeeping and Reporting Requirements for Abnormal Conditions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve, as part of the Michigan State
Implementation Plan (SIP), Michigan's June 29, 2007, request to revise
recordkeeping and reporting requirements for abnormal conditions,
start-up, shutdown, and malfunction of a source, process, or process
equipment. The revised rule contains more specific and complete
recordkeeping and reporting requirements than are currently approved
into the SIP.

DATES: Comments must be received on or before November 26, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-0631, by one of the following methods:
    1. http://www.regulations.gov: Follow the on line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR 18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR 18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. For
additional information, see the direct final rule which is located in
the Rules section of this Federal Register.

    Dated: October 10, 2007.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. E7-20944 Filed 10-25-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Proposed Rules]
[Pages 57383-57389]
[FR Doc No: 2017-24811]

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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. 82, No. 232 / Tuesday, December 5, 2017 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1024; Product Identifier 2017-NM-065-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 737-300, -400, -500, -600, -700, -700C, -800,
-900, and -900ER series airplanes; Model 757 airplanes; Model 767
airplanes; Model 777 airplanes; and Model 787-8 and 787-9 airplanes.
This proposed AD was prompted by reports of fuel crossfeed valves
failing to open when activated during flight. This proposed AD would
require, for certain airplanes, revising the airplane flight manual
(AFM); and for certain other airplanes, revising the minimum equipment
list (MEL) to do an operational check of the fuel crossfeed valve prior
to each extended range operations (ETOPS) flight if one fuel crossfeed
valve (or the fuel balancing system on Model 787 airplanes) is
inoperative. We are proposing this AD to address the unsafe condition
on these products.

DATES: We must receive comments on this proposed AD by January 19,
2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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-2017-
1024; 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 NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jon Regimbal, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 1601 Lind Avenue SW.,
Renton, WA 98057-3356; phone:<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 proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2017-1024;
Product Identifier 2017-NM-065-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    We have received reports of fuel crossfeed valves failing to open
when activated during flight. The fuel crossfeed valve can fail closed
due to electrical or mechanical faults. Such a failure would remain
undiscovered until an attempt is made to open the fuel crossfeed valve.
Depending on the operational use of the airplane, such a failure could
remain latent for multiple flights. Some of the affected airplanes have
only one fuel crossfeed valve. Other affected airplanes have two
redundant fuel crossfeed valves, but are allowed to be dispatched under
their MEL with one of the two fuel crossfeed valves inoperative and
locked closed. Model 787 airplanes have a single crossfeed valve and a
separate fuel balancing system, either of which allows use of all of
the main tank fuel by either engine. The Model 787 MEL allows airplanes
to be dispatched with the fuel balancing system inoperative.
    If an engine failure occurs during certain portions of the cruise
phase of an ETOPS flight and the fuel crossfeed valve cannot be opened,
the fuel in the main tank associated with the failed engine cannot be
used by the remaining operative engine, potentially resulting in a
forced off-airport landing due to exhaustion of the remaining usable
fuel and consequent loss of all engine thrust.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type designs.

Proposed AD Requirements

    For airplanes equipped with a single fuel crossfeed valve, this
proposed AD would require revising the limitation and normal procedures
sections of the AFM by adding an operational check of the fuel
crossfeed valve immediately prior to each ETOPS flight. For airplanes
equipped with dual fuel crossfeed valves, this proposed AD would
require revising the MEL by adding a requirement to do an operational
check of the fuel crossfeed valve prior to each ETOPS flight if one
fuel crossfeed valve (or the fuel balancing system on Model 787
airplanes) is inoperative.
    This proposed AD would allow removal of the AFM limitation required
by AD 88-21-03 R1, Amendment 39-6077 (53 FR 46605, November 18, 1988)
(``88-21-03 R1''), after the applicable AFM limitations in this
proposed AD are incorporated in the AFM.

Related AD

    AD 88-21-03 R1 applies to, among other airplanes, certain Model
737-200, 737-300, 757-200, 767-200, and 767-300 series airplanes. AD
88-21-03 R1 requires revising the AFM to include an operational check
of the fuel crossfeed valve during the last hour of cruise flight
during each ETOPS flight and log book entry of any fuel crossfeed valve
failure conditions, and repair if necessary.

Costs of Compliance

    We estimate that this proposed AD affects 3,252 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM Revision (2,127 airplanes)........  1 work-hour x $85 per                 $0             $85        $180,795
                                         hour = $85.
MEL Revision (1,125 airplanes)........  1 work-hour x $85 per                  0              85          95,625
                                         hour = $85.
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Authority for This Rulemaking

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

The Boeing Company: Docket No. FAA-2017-1024; Product Identifier
2017-NM-065-AD.

(a) Comments Due Date

    We must receive comments by January 19, 2018.

(b) Affected ADs

    This AD affects AD 88-21-03 R1, Amendment 39-6077 (53 FR 46605,
November 18, 1988).

(c) Applicability

    This AD applies to all The Boeing Company airplanes,
certificated in any category, identified in paragraphs (c)(1)
through (c)(5) of this AD.
    (1) Model 737-300, -400, -500, -600, -700, -700C, -800, -900,
and -900ER series airplanes.
    (2) Model 757-200, -200PF, -200CB, and -300 series airplanes.
    (3) Model 767-200, -300, -300F, and -400ER series airplanes.
    (4) Model 777-200, -200LR, -300, -300ER, and -777F series
airplanes.
    (5) Model 787-8 and 787-9 airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of fuel crossfeed valves failing
to open when activated during flight. We are issuing this AD to
prevent an airplane from being dispatched on an extended range
operations (ETOPS) flight with a single fuel crossfeed valve that
cannot be opened. This condition could cause the fuel in the main
tank associated with a failed engine to be unavailable to the
remaining operative engine, potentially resulting in a forced
offairport landing due to exhaustion of the remaining usable fuel
and consequent loss of all engine thrust.

(f) Compliance

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

(g) AFM Revisions for Model 737 Airplanes Equipped With a Single Fuel
Crossfeed Valve

    For airplanes identified in paragraph (c)(1) of this AD: Within
120 days after the effective date of this AD, do the actions in
specified in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Revise ``Extended Range Operations'' subsection of the
``Fuel System Limitations'' section of the Section 1 Certificate
Limitations of the airplane flight manual (AFM) by incorporating the
information specified in figure 1 to paragraph (g)(1) of this AD.
This may be done by inserting a copy of this AD into the AFM. When a
statement identical to that in figure 1 to

paragraph (g)(1) of this AD has been included in the ``Extended
Range Operations'' subsection of the ``Fuel System Limitations''
section of the Section 1 Certificate Limitations of the general
revisions of the AFM, the general revisions may be inserted into the
AFM, and the copy of this AD may be removed from the AFM.
[GRAPHIC] [TIFF OMITTED] TP05DE17.000

    (2) Revise the ``Extended Range Operations'' section of the
Section 3 Normal Procedures of the AFM by incorporating the
information specified in figure 2 to paragraph (g)(2) of this AD.
This may be done by inserting a copy of this AD into the AFM. When a
statement identical to that in figure 2 to paragraph (g)(2) of this
AD has been included in the ``Extended Range Operations'' section of
Section 3 Normal Procedures of the AFM, the general revisions may be
inserted into the AFM, and the copy of this AD may be removed from
the AFM.
[GRAPHIC] [TIFF OMITTED] TP05DE17.001

(h) AFM Revisions for Model 757 Airplanes Equipped With a Single Fuel
Crossfeed Valve

    For airplanes identified in paragraph (c)(2) of this AD having
line numbers 1 through 616 inclusive and 618 on which the actions
specified in Boeing Service Bulletin 757-28-0029 (second fuel
crossfeed valve installation) have not been done: Within 120 days
after the effective date of this AD, do the actions specified in
paragraphs (h)(1) and (h)(2) of this AD. For Model 757 airplanes
identified in this paragraph, if the actions specified in Boeing
Service Bulletin 757-28-0029 are done after the effective date of
this AD, then the actions specified in this paragraph are no longer
required for that airplane and the actions specified in paragraph
(j) of this AD must be done before further flight after performing
the actions specified in Boeing Service Bulletin 757-28-0029.
    (1) Revise the ``Extended Range Operations'' section of the
Section 1 Certificate Limitations of the AFM by incorporating the
information specified in figure 3 to paragraph (h)(1). This may be
done by inserting a copy of this AD into the AFM. When a statement
identical to that in figure 3 to paragraph (h)(1) of this AD has
been included in the ``Extended Range Operations'' section of the
Section 1 Certificate Limitations of the general revisions of the
AFM, the general revisions may be inserted into the AFM, and the
copy of this AD may be removed from the AFM.

[GRAPHIC] [TIFF OMITTED] TP05DE17.002

    (2) Revise the ``Extended Range Operations'' section of Section
3 Normal Procedures of the AFM by incorporating the information
specified in figure 4 to paragraph (h)(2) of this AD. This may be
done by inserting a copy of this AD into the AFM. When a statement
identical to that in figure 4 to paragraph (h)(2) of this AD has
been included in the Extended Range Operations section of Section 3
Normal Procedures of the AFM, the general revisions may be inserted
into the AFM, and the copy of this AD may be removed from the AFM.
[GRAPHIC] [TIFF OMITTED] TP05DE17.003

(i) AFM Revisions for Model 767 Airplanes Equipped With a Single Fuel
Crossfeed Valve

    For airplanes identified in paragraph (c)(3) of this AD having
line numbers 1 through 430 inclusive on which the actions specified
in Boeing Service Bulletin 767-28-0034 (second fuel crossfeed valve
installation) have not been done as of the effective date of this
AD: Within 120 days after the effective date of this AD, do the
actions specified in paragraphs (i)(1) and (i)(2) of this AD. If the
actions specified in Boeing Service Bulletin 767-28-0034 are done
after the effective date of this AD, the actions specified in this
paragraph are no longer required for that airplane and the actions
specified in paragraph (k) of this AD must be done before further
flight.
    (1) Revise the ``Extended Range Operations'' section of the
Section 1 Certificate Limitations of the AFM by incorporating the
information specified in figure 5 to paragraph (i)(1) of this AD.
This may be done by inserting a copy of this AD into the AFM. When a
statement identical to that in figure 5 to paragraph (i)(1) of this
AD has been included in the ``Extended Range Operations'' section of
the Section 1 Certificate Limitations of the general revisions of
the AFM, the general revisions may be inserted into the AFM, and the
copy of this AD may be removed from the AFM.
[GRAPHIC] [TIFF OMITTED] TP05DE17.004

    (2) Revise the Section 3.1 Normal Procedures of the AFM by
incorporating the information specified in figure 6 to paragraph
(i)(2) of this AD. This may be done by inserting a copy of this AD
into the AFM. When a statement identical to that in figure

6 to paragraph (i)(2) of this AD has been included in the Extended
Range Operations section of Section 3.1 Normal Procedures of the
AFM, the general revisions may be inserted into the AFM, and the
copy of this AD may be removed from the AFM.
[GRAPHIC] [TIFF OMITTED] TP05DE17.005

(j) Minimum Equipment List (MEL) Revisions for Model 757 Equipped With
Dual Fuel Crossfeed Valves

    For airplanes identified in paragraph (c)(2) of this AD having
line numbers 617, 619, and subsequent; and for airplanes identified
in paragraph (c)(2) of this AD having line numbers 1 through 616
inclusive and 618, on which a second fuel crossfeed valve has been
installed before the effective date of this AD, as specified in
Boeing Service Bulletin 757-28-0029: Within 120 days after the
effective date of this AD, revise the operator's FAA-approved MEL by
incorporating the information specified in figure 7 to paragraph (j)
of this AD as a required operations procedure when dispatching for
ETOPS operation with an inoperative fuel crossfeed valve. Specific
alternative MEL wording to accomplish the actions specified in
figure 7 to paragraph (j) of this AD can be approved by the
operator's principal operations inspector (POI).
[GRAPHIC] [TIFF OMITTED] TP05DE17.006

(k) MEL Revisions for Model 767 Equipped With Dual Fuel Crossfeed
Valves

    For airplanes identified in paragraph (c)(3) of this AD having
line numbers 431 and subsequent; and for airplanes identified in
paragraph (c)(3) of this AD having line numbers 1 through 430
inclusive on which a second fuel crossfeed valve has been installed
before the effective date of this AD, as specified in Boeing Service
Bulletin 767-28-0034: Within 120 days after the effective date of
this AD, revise the operator's FAA-approved MEL by incorporating the
information specified in figure 8 to paragraph (k) of this AD as a
required operations procedure when dispatching for ETOPS operation
with an inoperative fuel crossfeed valve. Specific alternative MEL
wording to accomplish the actions specified in figure 8 to paragraph
(k) of this AD can be approved by the operator's POI.

[GRAPHIC] [TIFF OMITTED] TP05DE17.007

(l) MEL Revisions for Model 777 Airplanes

    For airplanes identified in paragraph (c)(4) of this AD: Within
120 days after the effective date of this AD, revise the operator's
FAA-approved MEL by incorporating the information specified in
figure 9 to paragraph (l) of this AD as a required operations
procedure when dispatching for ETOPS operation with an inoperative
fuel crossfeed valve. Specific alternative MEL wording to accomplish
the actions specified in figure 9 to paragraph (l) of this AD can be
approved by the operator's POI.
[GRAPHIC] [TIFF OMITTED] TP05DE17.008

(m) MEL Revisions for Model 787 Airplanes

    For airplanes identified in paragraph (c)(5) of this AD: Within
120 days after the effective date of this AD, revise the operator's
FAA-approved MEL by incorporating the information specified in
figure 10 to paragraph (m) of this AD into the MEL requirements for
each of the inoperative items specified in paragraphs (m)(1) through
(m)(4) of this AD. Specific alternative MEL wording to accomplish
the actions specified in figure 10 to paragraph (m) of this AD can
be approved by the operator's POI.
    (1) 28-21-01-01 Pressure Refueling System, Main Tank Inboard
Refuel Valve.
    (2) 28-22-06 Fuel Balance Switch.
    (3) 28-26-01 Defuel/Isolation Valves.
    (4) 28-41-01-01 Main Tank Fuel Quantity Indication Systems.

[GRAPHIC] [TIFF OMITTED] TP05DE17.009

(n) AD 88-21-03 R1, Amendment 39-6077 (53 FR 46605-01, November 18,
1988), AFM Limitation Removal

    After the applicable AFM limitations specified in paragraphs
(g)(1), (h)(1), and (i)(1) of this AD are incorporated into an
airplane's AFM, operators may remove the AFM limitation required by
AD 88-21-03 R1, Amendment 39-6077 (53 FR 46605-01, November 18,
1988), for that airplane.

(o) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (p) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.

(p) Related Information

    For more information about this AD, contact Jon Regimbal,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email: [email protected].

    Issued in Renton, Washington, on November 6, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2017-24811 Filed 12-4-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Proposed Rules]
[Pages 30051-30052]
[FR Doc No: 2011-12736]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 11 and 101

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

Food Labeling; Nutrition Labeling of Standard Menu Items in
Restaurants and Similar Retail Food Establishments; Extension of
Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: The Food and Drug Administration (FDA) is extending the
comment period until July 5, 2011, for a proposed rule that was
published in the Federal Register of April 6, 2011 (76 FR 19192). In
that document, FDA proposed requirements for providing nutrition
information for standard menu items in certain chain restaurants and
similar retail food establishments. The Agency is extending the comment
period in response to several requests to give interested parties
additional time to comment.

DATES: Submit either electronic or written comments by July 5, 2011.

ADDRESSES: You may submit comments, identified by Docket No. FDA-2011-
F-0172 and/or RIN 0910-AG57, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     FAX:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency
name, Docket No. FDA-2011-F-0172, and RIN 0910-AG57 for this
rulemaking. All comments received may be posted without change to
http://www.regulations.gov, including any personal information
provided. For additional information on submitting comments, see the
``Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Division of
Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Geraldine A. June, Center for Food
Safety and Applied Nutrition (HFS-820), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of April 6, 2011 (76 FR 19192), FDA
proposed requirements to implement the menu labeling provisions of the
Patient Protection and Affordable Care Act of 2010 (Affordable Care
Act). Specifically, FDA proposed to require that restaurants and
similar retail food establishments that are a part of a chain with 20
or more locations doing business under the same name, and offering for
sale the same menu items, provide calorie and other nutrition
information for standard menu items, including food on display and
self-service food. FDA provided a 60-day comment period (i.e., until
June 6, 2011) for that proposal.
    FDA has received several requests to extend the comment period. The
requests stated that additional time is needed to comment on the
proposed rule for a number of reasons, including a need for time to
assess the effect of the proposal on the industry; a desire to conduct
consumer research to support comments on the proposal; and the
complexities of the proposed rule.
    FDA has considered the requests and is extending the comment period
an additional 30 days, until July 5, 2011. We believe that this
additional time will provide interested parties sufficient time to
respond to the proposal.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: May 19, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-12736 Filed 5-23-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Rules and Regulations]
[Pages 1664-1666]
[FR Doc No: 2022-00414]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1182; Project Identifier AD-2021-01393-E;
Amendment 39-21902; AD 2022-02-05]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Pratt & Whitney (P&W) PW1500G and PW1900G model turbofan
engines. This AD was prompted by an analysis of an event involving an
International Aero Engines AG (IAE) V2533-A5 model turbofan engine,
which experienced an uncontained failure of a high-pressure turbine
(HPT) 1st-stage disk that resulted in high-energy debris penetrating
the engine cowling. This AD requires removing certain HPT 1st-stage and
HPT 2nd-stage disks from service and replacing with parts eligible for
installation. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective January 27, 2022.
    The FAA must receive comments on this AD by February 28, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Pratt & Whitney, 400 Main Street, East Hartford, CT 06118; phone: (800)
565-0140; email: [email protected]; website: https://fleetcare.prattwhitney.com. You may view this service information at
the FAA, Airworthiness Products Section, Operational Safety Branch,
1200 District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1182; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for the
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Mark Taylor, Aviation Safety Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
(781) 238-7229; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On March 18, 2020, an Airbus Model A321-231 airplane, powered by
IAE V2533-A5 model turbofan engines, experienced an uncontained HPT
1st-stage disk failure that resulted in high-energy debris penetrating
the engine cowling. Based on a preliminary analysis of this event, on
March 21, 2020, the FAA issued Emergency AD 2020-07-51 (followed by
publication in the Federal Register on April 13, 2020, as a Final Rule,
Request for Comments (85 FR 20402)), which requires the removal from
service of certain HPT 1st-stage disks installed on IAE V2522-A5,
V2524-A5, V2525-D5, V2527-A5, V2527E-A5, V2527M-A5, V2528-D5, V2530-A5,
and V2533-A5 model turbofan engines.
    Since the FAA issued AD 2020-07-51, P&W determined that the failure
of the IAE V2533-A5 model turbofan engine was due to an undetected
subsurface material defect in an HPT disk that may affect the life of
the part. In June 2021, P&W expanded its root cause analysis to include
a review of records for all other IAE and P&W engines that contain
parts of similar material.
    P&W's analysis identified a different population of HPT 1st-stage
and HPT 2nd-stage disks installed on P&W PW1519G, PW1521G, PW1521G-3,
PW1521GA, PW1524G, PW1524G-3, PW1525G, and PW1525G-3 (PW1500G) model
turbofan engines, and P&W PW1919G, PW1921G, PW1922G, PW1923G, and
PW1923G-A (PW1900G) model turbofan engines that are subject to the same
unsafe condition identified in AD 2020-07-51 and require removal from
service. This condition, if not addressed, could result in uncontained
HPT disk failure, release of high-energy debris, damage to the engine,
damage to the airplane, and loss of the airplane. The FAA is issuing
this AD to address the unsafe condition on these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.

Related Service Information

    The FAA reviewed Pratt & Whitney Special Instruction (SI) No. 225F-
21, dated December 1, 2021. This SI describes procedures for removing
and replacing the affected HPT 1st-stage and HPT 2nd-stage disks,
identified by part number (P/N) and serial number (S/N), installed on
PW1500G model turbofan engines.
    The FAA reviewed Pratt & Whitney SI No. 226F-21, dated December 1,
2021. This SI describes procedures for removing and replacing the
affected HPT 1st-stage and HPT 2nd-stage disks, identified by P/N and
S/N, installed on PW1900G model turbofan engines.

AD Requirements

    This AD requires the removal from service of certain HPT 1st-stage
and HPT 2nd-stage disks installed on PW1500G and PW1900G model turbofan
engines.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule.
On March 18, 2020, an Airbus Model A321-231 airplane, powered by IAE
V2533-A5 model turbofan engines, experienced an uncontained HPT 1st-
stage disk failure that resulted in high-energy debris penetrating the
engine cowling. Based on a preliminary

analysis of this event, on March 21, 2020, the FAA issued Emergency AD
2020-07-51 (followed by publication in the Federal Register on April
13, 2020, as a Final Rule, Request for Comments (85 FR 20402)), which
requires the removal from service of certain HPT 1st-stage disks
installed on IAE V2522-A5, V2524-A5, V2525-D5, V2527-A5, V2527E-A5,
V2527M-A5, V2528-D5, V2530-A5, and V2533-A5 model turbofan engines.
Since the FAA issued AD 2020-07-51, the manufacturer conducted a root
cause analysis and identified a different population of HPT 1st-stage
and HPT 2nd-stage disks installed on P&W PW1500G and PW1900G model
turbofan engines that are subject to the same unsafe condition
identified in AD 2020-07-51. The FAA considers removal of the affected
HPT 1st-stage and HPT 2nd-stage disks to be an urgent safety issue.
These HPT disks have the highest risk of failure and removal is
required within 30 days after the effective date of this AD to prevent
additional HPT disk failures and maintain an acceptable level of
safety. This unsafe condition, if not addressed, could result in
uncontained HPT disk failure, release of high-energy debris, damage to
the engine, damage to the airplane, and loss of the airplane.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-1182 and Project Identifier
AD-2021-01393-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Mark
Taylor, Aviation Safety Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 8 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace HPT 1st-stage or HPT 2nd-stage  316 work-hours x $85 per        $121,516        $148,376      $1,187,008
 disk.                                   hour = $26,860.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2022-02-05 Pratt & Whitney: Amendment 39-21902; Docket No. FAA-2021-
1182; Project Identifier AD-2021-01393-E.

(a) Effective Date

    This airworthiness directive (AD) is effective January 27, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pratt & Whitney (P&W) PW1519G, PW1521G,
PW1521G-3, PW1521GA, PW1524G, PW1524G-3, PW1525G, PW1525G-3,
PW1919G, PW1921G, PW1922G, PW1923G, and PW1923G-A model turbofan
engines with an installed:
    (1) High-pressure turbine (HPT) 1st-stage disk, part number (P/
N) 30G5701, with serial number (S/N) LKLBCY9473, LKLBDG4865,
LKLBDG4877, LKLBDG5064, LKLBDG4951, LKLBEH5482, LKLBCY9462,
LKLBDG5142, LKLBFL9238, or LKLBF88737; or
    (2) HPT 2nd-stage disk, P/N 30G5002, with S/N LKLBCT8724,
LKLBDA4633, LKLBDA4689, LKLBD40801, LKLBEL3603, LKLBD40863,
LKLBCT8771, LKLBDA4691, LKLBEL3600, LKLBD40830, or LKLBD40845.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by an analysis performed by P&W of an event
involving an uncontained failure of an HPT 1st-stage disk that
resulted in high-energy debris penetrating the engine cowling. The
FAA is issuing this AD to prevent failure of HPT 1st-stage and HPT
2nd-stage disks. The unsafe condition, if not addressed, could
result in uncontained HPT disk failure, release of high-energy
debris, damage to the engine, damage to the airplane, and loss of
the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For affected engines with an installed HPT 1st-stage disk,
P/N 30G5701, having an S/N listed in paragraph (c)(1) of this AD,
within 30 days after the effective date of the AD, remove the HPT
1st-stage disk from service and replace with a part eligible for
installation.
    (2) For affected engines with an installed HPT 2nd-stage disk,
P/N 30G5002, having an S/N listed in paragraph (c)(2) of this AD,
within 30 days after the effective date of the AD, remove the HPT
2nd-stage disk from service and replace with a part eligible for
installation.

(h) Definition

    For the purpose of this AD, a ``part eligible for installation''
is an HPT 1st-stage disk or HPT 2nd-stage disk that is not
identified in paragraph (c)(1) or (2) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (j) of this AD. Information may be emailed
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    For more information about this AD, contact Mark Taylor,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].

(k) Material Incorporated by Reference

    None.

    Issued on January 6, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-00414 Filed 1-7-22; 4:15 pm]
BILLING CODE 4910-13-P


 [Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)] [Notices] [Pages 1396-1397] [FR Doc No: 2016-32048]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting; Additional Item

FEDERAL REGISTER Citation of Previous Announcement:  To Be Published.

Previously Announced Time and Date of the Meeting:  Friday, January 6,  2017.

Changes in the Meeting:  The following matters will also be considered  during the 2:30 p.m. Closed Meeting scheduled

for Friday, January 6, 2017: Settlement of injunctive actions.

Contact Person for More Information:  For further information and to  ascertain what, if any, matters have been added, deleted or postponed,  please contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: December 30, 2016. Brent J. Fields, Secretary. [FR Doc. 2016-32048 Filed 1-3-17; 11:15 am]  BILLING CODE 8011-01-P


\293\ This estimate is based on information advisers have filed
with the Commission on Part 1A of Form ADV.
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D. Reporting, Recordkeeping, and Other Compliance Requirements

    The proposed rule and form amendments would impose certain
reporting and compliance requirements on small advisers, requiring them
to create and update narrative brochures containing certain information
regarding their advisory business. The amendments also would require
advisers to deliver their brochures to clients and to file them
electronically through the IARD. The proposals would also impose new
recordkeeping requirements. These requirements and the burdens on small
advisers are discussed below.\294\
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    \294\ Sections I through IV, above, of this Release, describe
these requirements in more detail.
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1. Amendments to Part 2 of Form ADV
    The amendments to Part 2, because they require registered advisers
to prepare and disseminate narrative brochures, would impose additional
costs on all registered advisers, including small advisers. We assume
that all small advisers currently distribute Part 2 of Form ADV and
would have to redraft their brochures completely to comply with the
proposed new format, although some information in current Part 2 may be
transferable to the new narrative brochures.
    The costs associated with preparing the new brochures will depend
on the size of the adviser, the complexity of its operations, and the
extent to which its operations present conflicts of interest with
clients. Many of the new items imposing the most rigorous disclosure
requirements may not apply to certain small advisers because, for
example, those advisers may not have soft dollar or directed brokerage
arrangements, or may not have custody of client assets. To the extent
that some of the new disclosure burdens would apply to small advisers,
these advisers are already obligated to make the disclosures to clients
under the Advisers Act's anti-fraud provisions, although the disclosure
is not required to be in the firm's written brochure.
    For the first time, advisers also would be required to prepare and
disseminate brochure supplements for certain supervised persons of
their firm. To reduce the burdens on small advisers, however, we have
drafted the new supplement rules so that firms with few employees would
be permitted to include supplement information in their firm brochures
and avoid preparing and distributing separate brochure supplements. We
believe many small advisers would take advantage of this option and
reduce their compliance burden.
2. Updating and Delivery Requirements
    The amended rules, like the current rules, would require advisers
to update their brochures whenever information in them becomes
materially inaccurate. The proposed amendments would also implement the
same updating requirements for supplements. In updating its brochure
and supplements, an adviser may minimize its burden by using a
``sticker'' containing the updated information instead of reprinting
its entire brochure and supplements.
    The amendments would require advisers to deliver a current brochure
to clients annually and to deliver interim updates of the brochure and
supplements to clients to disclose new or revised disciplinary
information. These delivery requirements would replace the current
requirement that advisers offer clients a revised brochure annually. To
minimize the burden of delivery, advisers would be permitted with
client consent to deliver brochures and supplements, as well as
updates, electronically. To the extent that small advisers are more
likely to have fewer advisory clients (and fewer supervised persons)
than larger advisers, the proposed delivery requirements should impose
lower variable costs on small advisers than on larger firms.
3. Recordkeeping Requirements
    The proposed amendments would impose new recordkeeping requirements
on advisers, including small advisers. As under the current rules,
advisers would be required to maintain copies of their brochures. The
proposed amendments would also require all advisers to maintain copies
of their brochure supplements. In addition, the proposed amendments
would require advisers, including small advisers, to maintain certain
records if they determine that a disciplinary event that is
presumptively material does not have to be disclosed, or if they
calculate their managed assets for purpose of their brochures
differently than in Part 1A of Form ADV.

E. Duplicative, Overlapping, or Conflicting Federal Rules

    The Commission believes that there are no rules that duplicate or
conflict with the proposed rule.\295\
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    \295\ As discussed above, the Commission is proposing to
withdraw as duplicative current rule 206(4)-4.
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F. Significant Alternatives

    We have considered various alternatives in connection with the
proposed rule and form amendments that might minimize their effect on
small advisers, including: (i) Establishing different compliance or
reporting requirements or timetables that take into account the
resources available to small advisers; (ii) clarifying, consolidating,
or simplifying compliance and reporting requirements under the proposed
amendments for small advisers; (iii) using performance

rather than design standards; and (iv) exempting small advisers from
coverage of all or part of the proposed amendments.
    Regarding the first alternative, the Commission believes that
establishing different compliance or reporting requirements for small
advisers would be inappropriate under these circumstances. The
amendments are designed to improve the quality and timeliness of
critically important disclosure that advisory clients receive from
their advisers. To establish different disclosure requirements for
small entities would diminish this investor protection for clients of
small advisers. We note, however, that small advisers, by the nature of
their business, likely would spend fewer resources in completing their
brochures and any brochure supplements. Moreover, certain rule and form
amendments were designed specifically to reduce the burden on small
advisers. For example, the proposed Part 2 instructions would give
advisers the flexibility to incorporate required information about
their supervised persons into their firm brochures rather than
presenting it in separate brochure supplements, thereby saving
additional printing and mailing costs.
    Regarding the second alternative, the proposed amendments would
clarify requirements for all advisers, including small advisers. The
proposed Part 2 instructions are designed to present requirements for
advisers' brochures and supplements clearly and simply to all advisers,
including small entities.
    Regarding the third alternative, the Commission believes that the
proposed amendments already appropriately use performance rather than
design standards in many instances. The amendments would permit
advisers considerable flexibility in designing their brochures and
supplements so as best to communicate the required information to
clients. In preparing brochure supplements, advisers would also have
the flexibility of adapting the format of the supplements to best suit
their firm: an adviser may: (i) Prepare a separate supplement for each
supervised person; (ii) prepare a single supplement containing the
required information for all of its supervised persons; (iii) prepare
multiple supplements for groups of supervised persons (e.g., all
supervised persons in a particular office or work group); or (iv)
include all information about supervised persons in the firm brochure
and prepare no separate supplements.\296\ The proposed amendments
clarify that advisers may, with client consent, deliver their brochures
and supplements, along with any updates, to clients electronically.
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    \296\ See Section II.B of this Release.
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    Regarding the fourth alternative, it would be inconsistent with the
purposes of the Advisers Act to exempt small advisers from the proposed
rule and form amendments. The information in an adviser's brochure is
necessary for the client to evaluate the adviser's services, fees, and
business practices, and to apprise the client of potential conflicts of
interest and, when necessary, of the adviser's financial condition.
Since we view the protections of the Advisers Act to apply equally to
clients of both large and small advisers, it would be inconsistent with
the purposes of the Act to specify different requirements for small
entities.

G. Solicitation of Comment

    The Commission encourages the submission of comments on matters
discussed in the IRFA. Comment is requested particularly on the number
of small advisers that would be affected by the proposals, the burdens
the proposals would impose on small advisers, and whether the effects
of the proposed rule and form amendments on small advisers would be
economically significant. Commenters are asked to describe the nature
of any effect and provide empirical data supporting the extent of the
effect. These comments will be placed in the same public comment file
as comments on the proposals.
    For purposes of the Small Business Regulatory Enforcement Fairness
Act of 1996, the Commission is also requesting information regarding
the potential impact of the proposals on the economy on an annual
basis. Commenters should provide empirical data to support their views.

IX. Efficiency, Competition, and Capital Formation

    Section 202(c) of the Advisers Act requires the Commission, when
engaging in rulemaking that requires it to consider or determine
whether an action is necessary or appropriate in the public interest,
to consider, in addition to the protection of investors, whether the
action will promote efficiency, competition, and capital
formation.\297\ Today the Commission is proposing amendments to Part 2
of Form ADV and related Advisers Act rules that would require
investment advisers registered with us to deliver to clients and
prospective clients, brochures and brochure supplements written in
plain English.
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    \297\ 15 U.S.C. 80b-2(c).
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    The brochure rule and form amendments that we are proposing today
would promote efficiency and competition in the marketplace by
improving the disclosure that advisers must provide to clients.\298\
These amendments are designed to require advisers to provide clients
and prospective clients with clear, current, and more meaningful
disclosure of the business practices, conflicts of interest, and
background of investment advisers and their advisory personnel.
Advisers would file their brochures with us electronically, and we
would make them available to the public through our Web site. With the
public availability of more thorough and current disclosure of
advisers' services, fees, business practices and conflicts of
interests, investors will be able to make more informed decisions about
whether to hire or retain a particular adviser. A more informed
investing public will create a more efficient marketplace and
strengthen competition among advisers. Moreover, the electronic filing
requirements are expected to expedite and simplify the process of
filing firm brochures and amendments for the advisory firms, thus
further improving efficiency. We believe, however, that the proposed
brochure amendments are unrelated to and will have little or no effect
on capital formation.
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    \298\ Along with the proposed brochure amendments, the
Commission also is proposing conforming amendments to the General
Instructions and Glossary of Form ADV to include instructions
regarding brochure filing requirements and to add glossary terms and
definitions that are used in Part 2. Additionally, the Commission
also is proposing conforming amendments to the Advisers Act books
and records rule. These proposed amendments would require advisers
to maintain copies of their brochures, supplements, and amendments,
and are intended to update the books and records rule in light of
our proposed changes to Part 2. None of these proposed conforming
amendments are expected to have an independent impact on efficiency,
competition, or capital formation. To the extent that they
facilitate the purposes of the proposed brochure amendments, the
conforming amendments may, however, contribute to the expected
effects on efficiency, competition and capital formation that would
stem from the proposed brochure amendments and which are discussed
below.
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    The Commission requests comment whether the above proposals, if
adopted, would promote efficiency, competition, and capital formation.
Commenters are requested to provide empirical data to support their
views.

X. Statutory Authority

    We are proposing amendments to rule 203-1 under sections 203(c)(1),
204, and 211(a) of the Investment Advisers Act of

1940 (15 U.S.C. 80b-3(c)(1), 80b-4, and 80b-11(a)).
    We are proposing amendments to rule 204-1 under sections 203(c)(1)
and 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3(c)(1)
and 80b-4).
    We are proposing amendments to rule 204-2 under section 204 and
206(4) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-4 and 80b-
6(4)).
    We are proposing amendments to rule 204-3 under section 204,
206(4), and 211(a) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-4, 80b-6(4), and 80b-11(a)).
    We are proposing amendments to rule 279.1, Form ADV, under section
19(a) of the Securities Act of 1933 (15 U.S.C. 77s(a)), sections 23(a)
and 28(e)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78w(a)
and 78bb(e)(2)), section 319(a) of the Trust Indenture Act of 1939 (15
U.S.C. 77sss(a)), section 38(a) of the Investment Company Act of 1940
(15 U.S.C. 78a-37(a)), and sections 203(c)(1), 204, and 211(a) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-3(c)(1), 80b-4, and 80b-
11(a)).
    We are proposing to remove and reserve rule 206(4)-4 under section
206(4) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-6(4)).

List of Subjects in 17 CFR Parts 275 and 279

    Reporting and recordkeeping requirements, Securities.

Text of Rule and Form Amendments

    For the reasons set out in the preamble, Title 17, Chapter II of
the Code of Federal Regulations is proposed to be amended as follows:

PART 275--RULES AND REGULATIONS, INVESTMENT ADVISERS ACT OF 1940

    1. The general authority citation for Part 275 continues to read as
follows:

    Authority: 15 U.S.C. 80b-2(a)(11)(G), 80b-2(a)(17), 80b-3, 80b-
4, 80b-4a, 80b-6(4), 80b-6a, and 80b-11, unless otherwise noted.

    2. Section 275.203-1 is amended by revising paragraphs (a) and (b)
to read as follows:

Sec.  275.203-1  Application for investment adviser registration.

    (a) Electronic Filing of Form ADV. (1) To apply for registration
with the Commission as an investment adviser, you must complete Form
ADV (17 CFR 279.1) by following the instructions in the form and you
must file Part 1A of Form ADV and the firm brochure(s) required by Part
2A of Form ADV electronically with the Investment Adviser Registration
Depository (IARD) unless you have received a hardship exemption under
Sec.  275.203-3.

    Note to paragraph (a)(1): Information on how to file with the
IARD is available on the Commission's Web site at http://
www.sec.gov/iard.

    (2) After [INSERT DATE SIX MONTHS AFTER EFFECTIVE DATE OF RULES/
FORM] the Commission will not accept any initial application for
registration as an investment adviser that does not include a brochure
that satisfies the requirements of Part 2A of Form ADV.
    (b) Special rule for Part 2B. You are not required to file with the
Commission the brochure supplements required by Part 2B of Form ADV.
* * * * *
    3. Section 275.204-1 is amended by revising the note to paragraph
(a), and paragraphs (b) and (c) to read as follows:

Sec.  275.204-1  Amendments to application for registration.

* * * * *

    Note to paragraph (a): Information on how to file with the IARD
is available on our Web site at http://www.sec.gov/iard.

    (b) Electronic filing of amendments. (1) Subject to paragraph
(b)(2) of this rule, you must file all amendments to Part 1A of your
Form ADV and all your amended firm brochure(s) required by Part 2A of
Form ADV electronically with the Investment Adviser Registration
Depository (IARD), unless you have received a continuing hardship
exemption under Sec.  275.203-3.
    (2) Transition to electronic filing. You must amend your Form ADV
by electronically filing with the IARD one or more brochures that
satisfy the requirements of Part 2A of Form ADV (as amended effective
[INSERT EFFECTIVE DATE OF RULES/FORM]) as part of the next annual
updating amendment you are required to file after [INSERT DATE SIX
MONTHS AFTER EFFECTIVE DATE OF RULES/FORM].

    Note to paragraph (b): Information on how to file with the IARD
is available on our Web site at http://www.sec.gov/iard.

    (c) Special rule for Part 2B. You are not required to file with the
Commission amendments to brochure supplements required by Part 2B of
Form ADV.
* * * * *
    4. Section 275.204-2(a)(14) is revised to read as follows:

Sec.  275.204-2  Books and records to be maintained by investment
advisers.

    (a) * * *
    (14)(i) A copy of each brochure and brochure supplement, and each
amendment or revision to the brochure and brochure supplements,
required by Part 2 of Form ADV (17 CFR 279.1); any summary of material
changes that is required by Part 2 of Form ADV but is not contained in
the brochure or brochure supplements; and a record of the dates that
each brochure and brochure supplement, each amendment or revision
thereto, and each summary of material changes was given to any client
or to any prospective client who subsequently becomes a client.
    (ii) Documentation describing the method used to compute managed
assets for purposes of Item 4.E of Part 2A of Form ADV, if the method
differs from the method used to compute assets under management in Item
5.F of Part 1A of Form ADV.
    (iii) A memorandum describing any legal or disciplinary event
listed in Item 9 of Part 2A or Item 3 of Part 2B of Form ADV
(Disciplinary Information) and presumed to be material, if the event
involved the investment adviser or any of its supervised persons and is
not disclosed in the brochure or brochure supplements described in
paragraph (a)(14)(i) of this section. The memorandum must explain the
investment adviser's determination that the presumption of materiality
is overcome, and must discuss the factors described in Item 9 of Part
2A or Item 3 of Part 2B of Form ADV.
* * * * *
    5. Section 275.204-3 is revised to read as follows:

Sec.  275.204-3  Delivery of firm brochures and brochure supplements.

    (a) General requirements. If you are registered under the Act as an
investment adviser, you must deliver a firm brochure and one or more
supplements to each client or prospective client as required by this
section. The brochure and supplement(s) must contain all information
required by Part 2 of Form ADV (17 CFR 279.1).
    (b) Delivery requirements. You (or a supervised person acting on
your behalf) must deliver to a client or prospective client:
    (1) Your current brochure before or at the time you enter into an
investment advisory contract with the client and, after that, an
updated brochure annually within 120 days after the end of your fiscal
year;
    (2) A current brochure supplement for a supervised person before or
at the time that supervised person begins to provide advisory services
to the client. For purposes of this section, a supervised person will
provide advisory services to a client if that supervised person will:

    (i) Formulate investment advice for the client and have direct
client contact; or
    (ii) Make discretionary investment decisions for the client, even
if the supervised person will have no direct client contact.
    (c) Exceptions to delivery requirements.
    (1) You are not required to deliver a brochure to a client:
    (i) That is an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1 to 80a-64) or a business
development company as defined in that Act, provided that the advisory
contract with that client meets the requirements of section 15(c) of
that Act (15 U.S.C. 80a-15(c)); or
    (ii) Who receives only impersonal investment advice for which you
charge less than $500 per year.
    (2) You are not required to deliver a brochure supplement to a
client:
    (i) To whom you are not required to deliver a brochure under
paragraph (c)(1) of this section;
    (ii) Who receives only impersonal investment advice;
    (iii) Who would be a ``qualified purchaser'' under section
2(a)(51)(A) of the Investment Company Act of 1940 (15 U.S.C. 80a-
2(a)(51)(A)); or
    (iv) Who would be a ``qualified client'' of your firm under Sec.
275.205-3(d)(1)(iii).
    (d) Wrap fee program brochures. (1) If you are a sponsor of a wrap
fee program, then the brochure that paragraph (b)(1) of this section
requires you to deliver to a client or prospective client of the wrap
fee program must be a wrap fee brochure containing all information
required by Part 2A Appendix 1 of Form ADV. Any additional information
in a wrap fee brochure must be limited to information applicable to
wrap fee programs that you sponsor.
    (2) You do not have to deliver a wrap fee brochure if another
sponsor of the wrap fee program delivers, to the client or prospective
client of the wrap fee program, a wrap fee program brochure containing
all the information your wrap fee program brochure must contain.

    Note to paragraph (d): A wrap fee brochure does not take the
place of any brochure supplements that you are required to deliver
under paragraph (b)(2) of this section.

    (e) Amendments. Section 275.204-1 and instructions to Form ADV
contain instructions that you must follow to amend your brochure and
brochure supplements. You must provide a current brochure and current
brochure supplements to any new clients or prospective clients. If an
amendment adds disclosure of an event, or materially revises
information already disclosed about an event, in response to Item 9 of
Part 2A or Item 3 of Part 2B of Form ADV (Disciplinary Information),
then you must provide the current brochure or current brochure
supplements (or the amendment), as applicable, to all existing clients
to whom you are required to deliver a brochure or brochure supplement
under this section.
    (f) Multiple brochures. If you provide substantially different
advisory services to different clients, you may provide them with
different brochures, so long as each client receives all information
about the services and fees that are applicable to that client. The
brochure you deliver to a client may omit any information required by
Part 2A of Form ADV if the information does not apply to the advisory
services or fees that you will provide or charge, or that you propose
to provide or charge, to that client.
    (g) Other disclosure obligations. Delivering a brochure or
supplement in compliance with this section does not relieve you of any
other disclosure obligations you have to your advisory clients or
prospective clients under any federal or state laws or regulations.
    (h) Transition rule. (1) Within 30 days after the date by which you
are first required by Sec.  275.204-1(b)(2) to electronically file your
brochure with the Commission, you must deliver to each of your existing
clients your current brochure and all current brochure supplements as
required by Part 2 of Form ADV.
    (2) As of the date by which you are first required to
electronically file your brochure with the Commission, you must begin
using your current brochure and current brochure supplements as
required by Part 2 of Form ADV to comply with the requirements of this
section pertaining to initial delivery to new and prospective clients.
    (i) Definitions. For purposes of this section:
    (1) Impersonal investment advice means investment advisory services
that do not purport to meet the objectives or needs of specific
individuals or accounts.
    (2) Current brochure and current brochure supplement mean the most
recent revision of the brochure or brochure supplement, including all
amendments to date.
    (3) Sponsor of a wrap fee program means an investment adviser that
is compensated under a wrap fee program for sponsoring, organizing, or
administering the program, or for selecting, or providing advice to
clients regarding the selection of, other investment advisers in the
program.
    (4) Supervised person means any of your officers, partners or
directors (or other persons occupying a similar status or performing
similar functions) or employees, or any other person who provides
investment advice on your behalf.
    (5) Wrap fee program means an advisory program under which a
specified fee or fees not based directly upon transactions in a
client's account is charged for investment advisory services (which may
include portfolio management or advice concerning the selection of
other investment advisers) and the execution of client transactions.

Sec.  275.206(4)-4  [Removed and reserved]

    6. Section 275.206(4)-4 is removed and reserved.

PART 279--FORMS PRESCRIBED UNDER THE INVESTMENT ADVISERS ACT OF
1940

    7. The authority citation for Part 279 continues to read as
follows:

    Authority: 15 U.S.C. 80b-1, et seq.

    8. Form ADV (referenced in Sec.  279.1) is amended by:
    a. In the instructions to the form, revising the section entitled
``Form ADV: General Instructions.'' The revised version of Form ADV:
General Instructions is attached as Appendix A;
    b. In the instructions to the form, revising the section entitled
``Glossary of Terms.'' The revised version of Form ADV: Glossary of
Terms is attached as Appendix B; and
    c. Removing Form ADV, Part II, and adding Form ADV, Part 2. Form
ADV, Part 2 is attached as Appendix C.

    Note: The text of Form ADV does not and the amendments will not
appear in the Code of Federal Regulations.

* * * * *

    Dated: March 3, 2008.

    By the Commission.
Florence E. Harmon,
Deputy Secretary.
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 [FR Doc. E8-4611 Filed 3-13-08; 8:45 am]

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[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Rules and Regulations]
[Page 4457]
[FR Doc No: 2012-1800]

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

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

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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

Federal Register / Vol. 77, No. 19 / Monday, January 30, 2012 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0630; Airspace Docket No. 11-ASW-8]

Amendment of Class D Airspace; Altus AFB, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class D airspace for Altus AFB, OK.
Procedural changes implemented to enhance safety for aircraft operating
in the vicinity of Altus/Quartz Mountain Regional Airport, Altus, OK,
has made this action necessary for the safety and management of
Instrument Flight Rules (IFR) operations at Altus AFB.

DATES: Effective date: 0901 UTC, April 5, 2012. 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: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On October 28, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class D airspace for Altus AFB,
OK (76 FR 66866) Docket No. FAA-2011-0630. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received. Class D
airspace designations are published in paragraph 5000 of FAA Order
7400.9V dated August 9, 2011, and effective September 15, 2011, which
is incorporated by reference in 14 CFR 71.1. The Class D airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by modifying Class D airspace at Altus AFB, Altus, OK. Airspace
reconfiguration is necessary due to procedural changes implemented to
enhance safety for aircraft operating in the vicinity of Altus/Quartz
Mountain Regional Airport. Controlled airspace is necessary for the
safety and management of IFR operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
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 will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will 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, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace for Altus AFB, OK.

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 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011, is amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

ASW OK D Altus AFB, OK [Amended]

Altus AFB, OK
    (Lat. 34[deg]39'59'' N., long. 99[deg]16'05'' W.)
Altus AFB ILS Localizer
    (Lat. 34[deg]38'31' N., long. 99[deg]16'26'' W.)

    That airspace extending upward from the surface to and including
3,900 feet MSL within a 6-mile radius of Altus AFB, and within 2
miles each side of the Altus AFB ILS 17R Localizer north course
extending from the 6-mile radius to 7.6 miles north of the airport,
and excluding that airspace below 2,500 feet MSL west of long.
99[deg]18'52'' W. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Airport/Facility Directory.

    Issued in Fort Worth, Texas, on January 13, 2012.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2012-1800 Filed 1-27-12; 8:45 am]
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[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Notices]
[Page 50960]
[DOCID:fr29au08-69]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0162; FRL-8380-6]

Carbofuran; Notice of Availability of Revised Surface Water
Exposure Assessment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's revised
surface water exposure assessment for the pesticide carbofuran. This
revised assessment reflects the most current soil input parameters for
the surface water exposure modeling done for the dietary risk
assessment for carbofuran. While the underlying information based on
soil type has been updated, the Agency's ultimate risk conclusions have
not changed. The new drinking water exposure assessment dated August
20, 2008, entitled ``Updated Refinements of the Drinking Water Exposure
Assessment for the Use of Carbofuran on Corn and Melons,'' is in the
carbofuran docket.

FOR FURTHER INFORMATION CONTACT: Jude Andreasen, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
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 code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    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 Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2005-0162. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Background

A. What Action is the Agency Taking?

    Upon further review of its underlying assessments, the Agency has
updated its drinking water exposure assessment for the pesticide
carbofuran to reflect the most current soil input parameters for the
surface water source drinking water exposure modeling. Soil information
for 8 of the 11 scenarios has been updated to more closely resemble
soils in the areas where the scenarios for these crops were modeled. Of
the 11 scenarios, 2 resulted in concentrations that remained largely
unchanged (Minnesota corn and Nebraska corn); and 6 scenarios resulted
in concentrations that decreased slightly (Iowa corn, Indiana corn,
Kansas corn, Michigan melon, Missouri melon, and New Jersey melon). The
remaining 3 scenarios (Illinois corn, Texas corn, and Florida melons)
were not modified and remain unchanged. Despite the revisions to
certain of the underlying assessments from use of the more recent soil
types, the Agency's ultimate risk conclusions regarding carbofuran's
overall dietary risks remain unchanged. EPA is providing notice of its
revised assessments to allow the public the opportunity to comment on
the Agency's revisions during the comment period on its proposed
tolerance revocations.
    The updated exposure assessment, dated August 20, 2008, entitled
``Updated Refinements of the Drinking Water Exposure Assessment for the
Use of Carbofuran on Corn and Melons,'' is in the carbofuran docket
(EPA-HQ-OPP-2005-0162) at http://www.regulations.gov.

B. What is the Agency's Authority for Taking this Action?

    21 U.S.C. 346a(e).

List of Subjects

    Environmental protection, Agricultural commodities, Pesticides and
pests.

    Dated: August 22, 2008.
 William R. Diamond,
Acting Director, Office of Pesticide Programs.
[FR Doc. E8-20001 Filed 8-28-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Rules and Regulations]
[Pages 26838-26839]
[FR Doc No: 2018-12411]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0610; Airspace Docket No. 17-AEA-13]
RIN 2120-AA66

Revocation of Class E Airspace; Seven Springs, PA, and Amendment
of Class E Airspace; Somerset, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, correction.

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

SUMMARY: This action corrects a final rule published in the Federal
Register on April 20, 2018, amending and removing Class E airspace at
Seven Springs, PA, by correcting the geographic coordinates in the
legal description of Class E airspace extending upward from 700 feet or
more above the surface for Somerset County Airport.

DATES: Effective 0901 UTC, July 19, 2018. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (83 FR
17480, April 20, 2018) for Doc. No. FAA-2017-0610, amending Class E
airspace extending upward from 700 feet or more above the surface at
Somerset County Airport, Somerset, PA. Subsequent to publication, the
FAA found that the geographic coordinates of the airport listed in the
description under Class E airspace area extending upward from 700 feet
above the surface were incorrect. This action corrects the error.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.11B dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, in the
Federal Register of April 20, 2018 (83 FR 17480) FR Doc. 2018-08037,
the amendment of Class E Airspace for Somerset County Airport,
Somerset, PA, is corrected as follows:

Sec.  71.1   [Amended]

AEA PA E5 Somerset, PA [Amended]

0
On page 17481, column 3 line 22, remove (Lat. 40[deg]02'20'' N, long.
79[deg]00'54'' W) and add in its place (Lat. 40[deg]02'19'' N, long.
79[deg]00'55'' W).

    Issued in College Park, Georgia, on May 31, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018-12411 Filed 6-8-18; 8:45 am]
 BILLING CODE 4910-13-P