[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Rules and Regulations]
[Pages 42063-42066]
[FR Doc No: 2022-14969]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0454; Project Identifier MCAI-2021-01124-T;
Amendment 39-22106; AD 2022-14-01]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-03-
25, which applied to certain Airbus SAS Model Airbus SAS Model A318
series airplanes; Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-211, -212, -214, -216, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes. AD 2019-03-25 required repetitive inspections of
the center and outer wing box lower stiffeners and panels at a certain
junction on the left- and right-hand sides for any cracking, and repair
if necessary. AD 2019-03-25 also provided an optional modification,
which would terminate the repetitive inspections. This AD was prompted
by a determination that, for certain airplanes, the compliance time for
the initial inspection is inadequate and must be revised. This AD
continues to require the actions specified in AD 2019-03-25 with
revised compliance times for certain airplanes and additional actions
for certain airplanes, and expands the applicability, as specified in a
European Aviation Safety Agency (EASA) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective August 18, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 18,
2022.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South

216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0454.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0454; 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, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0228, dated October 12, 2021
(EASA AD 2021-0228) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A318 series airplanes;
Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes;
Model A320-211, -212, -214, -215, -216, -231, -232, and -233 airplanes;
and Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes. Model A320-215 airplanes are not certificated by the FAA and
are not included on the U.S. type certificate data sheet; this AD
therefore does not include those airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-03-25, Amendment 39-19577 (84 FR 8805,
March 12, 2019) (AD 2019-03-25). AD 2019-03-25 applied to certain
Airbus SAS Model A318 series airplanes; Model A319-111, -112, -113, -
114, -115, -131, -132, and -133 airplanes; Model A320-211, -212, -214,
-216, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. The NPRM published in the
Federal Register on April 11, 2022 (87 FR 21044). The NPRM was prompted
by a determination that, for certain airplanes, the compliance time for
the initial inspection is inadequate and must be revised and additional
actions are required. The NPRM proposed to continue to require the
actions specified in AD 2019-03-25 with revised compliance times for
certain airplanes and additional actions for certain airplanes, and
proposed to expand the applicability, as specified in EASA AD 2021-
0228.
    The FAA is issuing this AD to address the loss of pre-tension in
the fasteners, which could affect the structural integrity of the
airplane. See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from United Airlines who supported the
NPRM without change.

Additional Changes Made to This AD

    The FAA has added paragraph (i) to this AD to specify that
reporting is not required, and redesignated subsequent paragraphs
accordingly. The FAA has also removed the Paperwork Reduction Act
portion of this AD, as it is no longer relevant. The FAA did not intend
to require reporting and these revisions clarify that intent.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0228 specifies procedures for repetitive internal and
external SDIs (ultrasonic inspections) of the center and outer wing box
lower stiffeners and panels at the level of rib 1 junction on the left-
and right-hand sides for any cracking, and repair if necessary; and
additional actions (re-protection of the inspected area at the lower
panel at rib1 junction at the left- and right-hand sides) for airplanes
on which certain service information was used. EASA AD 2021-0228 also
specifies procedures for an optional modification, which would
terminate the repetitive inspections. This material 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.

Costs of Compliance

    The FAA estimates that this AD affects 765 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per
               Action                        Labor cost         Parts cost    product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Retained actions from 2019-03-25....  51 work-hours x $85 per           $0       $4,335  $25,860 (516
                                       hour = $4,335.                                     airplanes).
New additional actions..............  13 work-hours x $85 per            0        1,105  Up to $845,325 (Up to
                                       hour = $1,105.                                     765 airplanes).
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that enables the agency to
provide cost estimates for the repair specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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:
0
a. Removing Airworthiness Directive (AD) 2019-03-25, Amendment 39-19577
(84 FR 8805, March 12, 2019); and
0
b. Adding the following new AD:

2022-14-01 Airbus SAS: Amendment 39-22106; Docket No. FAA-2022-0454;
Project Identifier MCAI-2021-01124-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 18, 2022.

(b) Affected ADs

    This AD replaces AD 2019-03-25, Amendment 39-19577 (84 FR 8805,
March 12, 2019) (AD 2019-03-25).

(c) Applicability

    This AD applies to Airbus SAS Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-211, -212, -214, -216, -231, -232,
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes; certificated in any category; as
identified in European Aviation Safety Agency (EASA) AD 2021-0228,
dated October 12, 2021 (EASA AD 2021-0228).

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report that taperloks used in the
wing-to-fuselage junction at rib 1 were found to be non-compliant
with the applicable specification, resulting in a loss of pre-
tension in the fasteners; and a determination that, for certain
airplanes, the compliance time for the initial inspection is
inadequate and must be revised and additional actions are required.
The FAA is issuing this AD to address the loss of pre-tension in the
fasteners, which could affect the structural integrity of the
airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0228.

(h) Exceptions to EASA AD 2021-0228

    (1) Where EASA AD 2021-0228 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where paragraph (3) of EASA AD 2021-0228 specifies to
``contact Airbus for approved repair instructions'' if any damage
(cracking) is found, for this AD, if any cracking is found, the
cracking must be repaired before further flight using a method
approved by the Manager, Large Aircraft Section, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) The ``Remarks'' section of EASA AD 2021-0228 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0228
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0228,
dated October 12, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0228, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National

Archives and Records Administration (NARA). For information on the
availability of this material at NARA, email [email protected],
or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 22, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-14969 Filed 7-13-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Notices]
[Pages 38705-38706]
[FR Doc No: 2012-15915]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land-Use Assurance; Chan
Gurney Municipal Airport,Yankton, SD

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of intent of waiver with respect to land.

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SUMMARY: The Federal Aviation Administration (FAA) is considering a
proposal to authorize the release of 11.92 acres of the airport
property at the Chan Gurney Municipal Airport, Yankton, South Dakota.
The proposal consists of the trade of unimproved land on the northwest
side of the airport owned by the City of Yankton for an equal parcel of
land located on the north central side of the airport.
    The acreage being released is not needed for aeronautical use as
currently identified on the Airport Layout Plan. There are no impacts
to the airport by allowing the City of Yankton to trade properties.
Approval does not constitute a commitment by the FAA to financially
assist in the disposal of the airport property nor a determination of
eligibility for grant-in-aid funding from the FAA.
    In accordance with section 47107(h) of title 49, United States
Code, this notice is required to be published in the Federal Register
30 days before modifying the land-use assurance that requires the
property to be used for aeronautical purpose.

DATES: Comments must be received on or before July 30, 2012.

ADDRESSES: Mr. Brian P. Schuck, Program Manager, Bismarck Airports
District Office, 2301 University Drive, Building 23B, Bismarck, North
Dakota, 58504.

FOR FURTHER INFORMATION CONTACT: Mr. Brian P. Schuck, Program Manager,
Bismarck Airports District Office, 2301 University Drive, Building 23B,
Bismarck, North Dakota. Telephone Number<PHONE_NUMBER>/FAX Number
(701) 323-7399. Documents reflecting this FAA action may be reviewed at
this same location or at the City of Yankton Finance Office, 416 Walnut
Street, Yankton, South Dakota.

SUPPLEMENTARY INFORMATION: Following is a description of the subject
airport property to be released at the Chan Gurney Municipal Airport.
    This property for release is for a land trade at the Chan Gurney
Municipal Airport owned by the City of Yankton, South Dakota. The
property for release was originally acquired under Airport Improvement
Program grant numbers 3-46-0062-007-1988 and 9-39-019-C503. These 11.92
acres are located in the sw quarter of section 30 and northwest quarter
of section 31, Township 31 North, Range 55 West of the 5th Principle
Meridian. The parcels are further described as Plat of Lot 1 of Tract 1
Airport Lot A15, Lot 1 of Tract 2 Airport Lot A15, Lots 1 & 2 of Parcel
B in the SE\1/4\ of Section 30 and Airport Lot A16 lying in Government
Lot 1, Section 31, all in T 94 N, R 55 W, of the 5th P.M., Yankton,
South Dakota.
    Said parcels subject to all easements, restrictions, and
reservations of record.

    Issued in Bismarck, North Dakota on June 8, 2012.
Thomas T. Schauer,
Manager, Bismarck Airports District Office FAA, Great Lakes Region.
[FR Doc. 2012-15915 Filed 6-27-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Rules and Regulations]
[Pages 5717-5720]
[FR Doc No: 2018-02668]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0681; FRL-9972-69]

Zoxamide; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
zoxamide in or on banana. Gowan Company, LLC requested these tolerances
under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective February 9, 2018. Objections and
requests for hearings must be received on or before April 10, 2018, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2016-0681, 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.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, P.E., 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 protected].

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).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2016-0681 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
April 10, 2018. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2016-0681, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or

delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of June 8, 2017 (82 FR 26641) (FRL-9661-
14), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
6E8524) by Gowan Company, LLC, P.O. Box 556, Yuma, AZ 85366. The
petition requested that 40 CFR 180.567 be amended by establishing a
tolerance for residues of the fungicide zoxamide (3, 5-dichloro-N-(3-
chloro-1-ethyl-1-methyl-2-oxopropyl)-4-methylbenzamide), in or on
banana at 0.3 parts per million (ppm). That document referenced a
summary of the petition prepared by Gowan Company, LLC, the registrant,
which is available in the docket, http://www.regulations.gov. One
comment was received on the notice of filing. EPA's response is
discussed in Unit IV.C. Based upon review of the data supporting the
petition, EPA has determined that a tolerance of 0.20 ppm on banana is
appropriate rather than the petitioned-for 0.3 ppm tolerance. The
reason for this change is explained in Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for zoxamide including exposure
resulting from the import tolerance established by this action.

A. Risk Assessment

    In the Federal Register of March 8, 2016 (81 FR 12011) (FRL-9942-
18), EPA established tolerances for residues of zoxamide in or on
several commodities. Because much of the safety assessment of zoxamide
for the current action remains the same, EPA is incorporating several
aspects of that previous rule and relying in part upon the findings
made in the March 8, 2016 final rule in support of this action.
    A summary of the toxicological profile and endpoints used for human
risk assessment is discussed in Units III.A. and III.B of the March 8,
2016 final rule. In evaluating dietary exposure for this action, EPA
considered exposure under the petitioned-for tolerances as well as all
existing zoxamide tolerances in 40 CFR 180.567. The residue data used
for the acute and chronic dietary exposure assessments have not changed
since the assessment supporting the March 8, 2016 final rule, except to
incorporate the exposure associated with the tolerance on banana, for
which the Agency assumed tolerance-level residues, default processing
factors, and 100 percent crop treated. For a summary of how EPA
assessed these dietary exposures, see Unit III.C.1 of the March 8, 2016
final rule. In addition, because there is no U.S. registration
associated with the use of zoxamide on banana, the estimated drinking
water exposures reported in the 2016 final rule remain the same for
this rule. A summary of EPA's assessment of drinking water exposure is
discussed in Unit III.C.2. of the March 8, 2016 final rule. Similarly,
the Agency's assessment of cumulative risks remains the same as in the
March 8, 2016 final rule.
    Because there have been no changes to the potential for prenatal
and postnatal toxicity or in the completeness of data with respect to
toxicity and exposure, EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
additional tenfold (10X) margin of safety required under section
408(b)(2)(C) (``FQPA safety factor'') were reduced to 1X. A summary of
EPA's rationale for this determination is discussed in Unit III.D. of
the March 8, 2016 final rule.

B. Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute population-adjusted dose (aPAD) and chronic population-adjusted
dose (cPAD). Short-, intermediate-, and chronic-term risks are
evaluated by comparing the estimated aggregate food, water, and
residential exposure to the appropriate points of departure to ensure
that an adequate margin of exposure exists.
    No acute effects were identified in the toxicological studies for
zoxamide; therefore, a quantitative acute dietary exposure assessment
is unnecessary. The chronic dietary risk is 1.8% of the chronic
population adjusted dose (cPAD) for the general U.S. population and
6.4% of the cPAD for children 1 to 2 years old, the population subgroup
with the highest estimated chronic dietary exposure to zoxamide. The
Agency level of concern are percentage numbers greater than 100% of the
cPAD. Because there are no existing or proposed residential uses for
zoxamide, there are no exposures expected via the residential exposure
pathway. Therefore, all aggregate risk estimates are expected to be
equivalent only to dietary (food and drinking water) risk estimates
mentioned above.
    Therefore, EPA concludes that there is a reasonable certainty that
no harm will result to the general population, or to infants and
children from aggregate exposure to zoxamide residues.
    For a detailed discussion of the aggregate risk assessments and
determination of safety for these tolerances, please refer both to the
March 8, 2016 final rule and its supporting documents, available at
http://www.regulations.gov in docket ID number EPA-HQ-OPP-2014-0922,
and to the risk assessment for this current action ``Zoxamide: Human
Health Risk Assessment for the Petition for a Tolerance Without U.S.
Registration for Residues in/on Banana.'' in docket ID number EPA-HQ-
OPP-2016-0681.

IV. Other Considerations

A. Analytical Enforcement Methodology

    A gas chromatography/mass selective detection (GC/MSD) method,
modified Rohm and Haas Method #34-99-85, was previously submitted and
concurrently revalidated with the submission of the current petition
for the determination of residues of zoxamide in/on samples of banana.
The method may be requested from: Chief, Analytical Chemistry Branch,
Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350;
telephone number: (410) 305-

2905; email address: [email protected].

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for zoxamide.

C. Response to Comments

    One comment was received from an anonymous respondent. The comment
is general to all pesticides and is against tolerances being approved
for any chemical on any commodity. Although the Agency recognizes that
some individuals believe that no residue of pesticides should be
allowed in or on food, the existing legal framework provided by section
408 of the Federal Food, Drug and Cosmetic Act (FFDCA) authorizes the
establishment of pesticide tolerances or exemptions where the Agency
determines that tolerance or exemption meets the safety standard
imposed by the statute. EPA has sufficient data to support a safety
determination for the tolerance for residues of zoxamide in or on
banana. The commenter provided no additional information supporting a
determination that the exemption is not safe.

D. Revisions to Petitioned-For Tolerances

    The Agency is establishing a tolerance for residues of zoxamide in
or on banana at 0.20 ppm, which is lower than the 0.30 ppm tolerance
requested. This is because there is a difference between how the
petitioner calculated the proposed tolerance and how the Agency
calculates the tolerance. The 0.20 ppm tolerance being set on banana
was calculated using the Organization for Economic Cooperation and
Development (OECD) tolerance calculation procedures and available
field-trial residue data. The field-trial data on unbagged, whole fruit
banana residues with a 0-day pre-harvest interval (PHI) were used from
each field trial to calculate the tolerance.

V. Conclusion

    Therefore, a tolerance is established for residues of zoxamide, (3,
5-dichloro-N-(3-chloro-1-ethyl-1-methyl-2-oxopropyl)-4-
methylbenzamide), in or on banana at 0.20 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001); Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997); or Executive Order 13771,
entitled ``Reducing Regulations and Controlling Regulatory Costs'' (82
FR 9339, February 3, 2017). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: January 23, 2018.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.567, add alphabetically the entry ``Banana'' to the
table in paragraph (a) and add footnote 1 to the table to read as
follows:

Sec.  180.567  Zoxamide; tolerances for residues.

    (a) * * *
    (1) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Banana 1....................................................        0.20

                                * * * * *
------------------------------------------------------------------------
1 There are no U.S. registrations allowing use of zoxamide on banana as
  of February 9, 2018.

* * * * *
[FR Doc. 2018-02668 Filed 2-8-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Rules and Regulations]
[Page 26360]
[FR Doc No: 2017-11732]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 571 and 585

[Docket No. NHTSA-2016-0125]
RIN 2126-AK93

Federal Motor Vehicle Safety Standards; Minimum Sound
Requirements for Hybrid and Electric Vehicles

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Final rule; delay of effective date.

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

SUMMARY: In accordance with the Presidential directive as expressed in
the memorandum of January 20, 2017, from the Assistant to the President
and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this
action temporarily delays until September 5, 2017, the effective date
of the final rule titled ``Federal Motor Vehicle Safety Standards;
Minimum Sound Requirements for Hybrid and Electric Vehicles,''
initially scheduled to become effective on February 13, 2017.

DATES: The effective date of the final rule published on December 14,
2016 (81 FR 90416), is delayed until September 5, 2017. The initial
compliance date is September 1, 2018, with full phase in by September
1, 2019.

FOR FURTHER INFORMATION CONTACT: For legal issues, contact Thomas
Healy, Office of Chief Counsel, at<PHONE_NUMBER>. For non-legal
issues, contact Mike Pyne, Office of Rulemaking, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: NHTSA bases this action in part on the
Presidential directive expressed in the memorandum of January 20, 2017,
from the Assistant to the President and Chief of Staff, entitled
``Regulatory Freeze Pending Review'' (the January 20, 2017 memorandum).
That memorandum directed the heads of Executive Departments and
Agencies to temporarily postpone for 60 days from the date of the
memorandum the effective dates of certain regulations that had been
published in the Federal Register, but had not yet taken effect.
Because the original effective date of the final rule published on
December 14, 2016, fell within that 60-day window, the effective date
of the rule was extended to March 21, 2017, in a final rule published
on February 6, 2017 (82 FR 9368). The effective date was again extended
to May 22, 2017, in a final rule published March 21, 2017 (82 FR
14477). The effective date was further extended until June 5, 2017, in
a final rule published May 22, 2017 (82 FR 23150). Consistent with the
memorandum of the Assistant to the President and Chief of Staff, and as
stated in the February 6, 2017, final rule delaying the effective date,
the Agency further delays the effective date of this regulation until
September 5, 2017.
    This delay of the effective date of the final rule is also based on
the need to allow additional time to respond to several petitions for
reconsideration filed in response to the final rule. These responses
will provide regulated entities with greater certainty as to the
requirements of the Minimum Sound Requirements for Hybrid and Electric
Vehicles final rule prior to the rule coming into effect. Delaying the
effective date of the final rule to allow additional time to respond to
these petitions for reconsideration is prudent in this instance because
the petitions concern topics such as the date by which manufacturers
are required to comply with the rule's requirements and the stringency
of the requirements themselves, both of which impact manufacturers'
compliance plans.
    The Agency's implementation of this action without opportunity for
public comment is based on the good cause exceptions in 5 U.S.C.
553(b)(B) and 553(d)(3), in that seeking public comment is
impracticable, unnecessary and contrary to the public interest. The
delay in the effective date until September 5, 2017, is necessary to
provide the opportunity for further review and consideration of this
new regulation, consistent with the January 20, 2017 memorandum. Given
the imminence of the effective date of the ``Federal Motor Vehicle
Safety Standards; Minimum Sound Requirements for Hybrid and Electric
Vehicles'' final rule, seeking prior public comment on this temporary
delay would be impractical, as well as contrary to the public interest
in the orderly promulgation and implementation of regulations.

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30116;
delegation of authority at 49 CFR 1.95.

Terry T. Shelton,
Acting Executive Director.
[FR Doc. 2017-11732 Filed 6-2-17; 4:15 pm]
 BILLING CODE 4910-59-P


[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 441-444]
[FR Doc No: 2010-32995]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1278; Directorate Identifier 2010-NM-260-AD;
Amendment 39-16567; AD 2011-01-13]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and
F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes
(Collectively Called A300-600 Series Airplanes)

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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:

    During a routine maintenance check on an A300-600 aeroplane, the
operator found the pitch uncoupling unit installed at an incorrect
location. The pitch uncoupling unit was inverted with the rod
assembly.
    After a complete inspection of all A300-600 aeroplanes of its
fleet, the operator identified the same incorrect installation on
another aeroplane.
* * * * *
    This condition, if not detected and corrected, in combination
with particular failure modes, could lead to loss of control of the
aeroplane during the takeoff phase.

* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective January 20, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of January 20,
2011.
    We must receive comments on this AD by February 22, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Emergency Airworthiness Directive 2010-0239-E, dated November 19, 2010
[Corrected November 23, 2010] (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

    During a routine maintenance check on an A300-600 aeroplane, the
operator found the pitch uncoupling unit installed at an incorrect
location. The pitch uncoupling unit was inverted with the rod
assembly.
    After a complete inspection of all A300-600 aeroplanes of its
fleet, the operator identified the same incorrect installation on
another aeroplane.
Had this routine maintenance check, which was accomplished for other
purposes, not been carried out, the incorrect installation could
only have been detected during the accomplishment of the pitch
uncoupling functional test.

    Note:  Another maintenance task, the pitch uncoupling
operational test, scheduled at intervals not to exceed 2,000 FH or
36 months, whichever occurs first (MPD task 273100-01-1), only
validates the condition of the pitch uncoupling solenoid.

    This condition, if not detected and corrected, in combination
with particular failure modes, could lead to loss of control of the
aeroplane during the takeoff phase.
    For the reason described above, this AD requires a one time
visual inspection, to detect any incorrect installation of the pitch
uncoupling unit,and, depending on findings, to take corrective
actions.
    This [EASA] AD was republished to correct the compliance time.

    Corrective actions include removing and re-installing the pitch
uncoupling unit and rod assembly at the correction location and doing a
functional test to verify correct operation. You may obtain further
information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued A300-600 All Operators Telex 27A6068, Revision
01, dated November 18, 2010. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This AD

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

Differences Between the AD and the MCAI or Service Information

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

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because a
pitch uncoupling unit was found to be installed at an incorrect
location. The pitch uncoupling unit was inverted with the rod assembly.
This condition, if not detected and corrected, in combination with
other failure modes, could lead to loss of control of the airplane
during the take-off phase. Therefore, we determined that notice and
opportunity for public comment before issuing this AD are impracticable
and that good cause exists for making this amendment effective in fewer
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2010-1278; Directorate
Identifier 2010-NM-260-

AD'' at the beginning of your comments. We specifically invite comments
on the overall regulatory, economic, environmental, and energy aspects
of this AD. We will consider all comments received by the closing date
and may amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2011-01-13 Airbus: Amendment 39-16567. Docket No. FAA-2010-1278;
Directorate Identifier 2010-NM-260-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January
20, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B4-601, B4-603, B4-620,
B4-622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant F
airplanes, certificated in any category, all serial numbers, except
for airplanes on which the pitch uncoupling functional test has
already been performed in service since new.

    Note 1: The pitch uncoupling functional test is described in
Section 3.D.(2) of task 27-31-00, Page Block 501 of Airbus A300-600
Aircraft Maintenance Manual (AMM) [Maintenance Planning Document
(MPD) task 273100-02-1].

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
Controls.

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:
    During a routine maintenance check on an A300-600 aeroplane, the
operator found the pitch uncoupling unit installed at an incorrect
location. The pitch uncoupling unit was inverted with the rod
assembly.
    After a complete inspection of all A300-600 aeroplanes of its
fleet, the operator identified the same incorrect installation on
another aeroplane.
* * * * *
    This condition, if not detected and corrected, in combination
with particular failure modes, could lead to loss of control of the
aeroplane during the takeoff phase.
* * * * *

Compliance

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

Inspection, Re-Installation, and Functional Test

    (g) Within 30 days after the effective date of this AD, do a
general visual inspection for correct location of the pitch
uncoupling unit, in accordance with paragraph 4.2 of Airbus A300-600
All Operators Telex (AOT) 27A6068, Revision 01, dated November 18,
2010. If the pitch uncoupling unit is found inverted with the rod
assembly, before further flight, remove and re-install the
uncoupling unit and the rod assembly at their correct locations and
do a functional test of the pitch uncoupling unit to verify correct
operation, in accordance with paragraph 4.2 of Airbus A300-600 AOT
27A6068, Revision 01, dated November 18, 2010.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be e-mailed to<EMAIL_ADDRESS>
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to

be approximately 5 minutes per response, including the time for
reviewing instructions, completing and reviewing the collection of
information. All responses to this collection of information are
mandatory. Comments concerning the accuracy of this burden and
suggestions for reducing the burden should be directed to the FAA
at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency Emergency
Airworthiness Directive 2010-0239-E, dated November 19, 2010
[Corrected November 23, 2010]; and Airbus A300-600 AOT 27A6068,
Revision 01, dated November 18, 2010; for related information.

Material Incorporated by Reference

    (j) You must use Airbus A300-600 All Operators Telex 27A6068,
Revision 01, dated November 18, 2010, to do the actions required by
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 22, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-32995 Filed 1-4-11; 8:45 am]
BILLING CODE 4910-13-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on June 3, 2004

      NOTICE OF ACTION TAKEN -- DOCKET OST-2004-17800

________________________________________________________________________
____________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of  Comair, Inc.              filed   5/12/04  for:

XX   Exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States, via intermediate points,
and a point or points in Jamaica, and beyond; and authority to integrate
this authority with its existing certificate and exemption authority.
Comair intends to operate this service pursuant to a code-share
arrangement with Delta Air Lines.

Applicant rep:   Robert E. Cohn<PHONE_NUMBER>   DOT Analyst:  Gerald
Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:  June 3, 2004, through  June
3, 2006

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the Air Transport Agreement
between the United States and Jamaica.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:   XX Holder’s
certificates of public convenience and necessity

	    XX  Standard exemption conditions (attached)

________________________________________________________________________
___________

Conditions:  The route integration authority granted is subject to the
condition that any service provided

under this exemption shall be consistent with all applicable agreements
between the United States and the foreign countries involved.
Furthermore, (a) nothing in the award of the route integration authority

requested should be construed as conferring upon Comair rights
(including fifth-freedom intermediate and/or beyond rights) to serve
markets where U.S. carrier entry is limited unless Comair notifies the
Department of its intent to serve such a market and unless and until the
Department has completed any necessary carrier selection procedures to
determine which carrier(s) should be authorized to exercise such rights;
and (b) should there be a request by any carrier to use the
limited-entry route rights that are included in Comair‘s authority by
virtue of the route integration exemption granted here, but that are not
then being used by Comair, the holding of such authority by route
integration will not be considered as providing any preference for
Comair in a competitive carrier selection proceeding to determine which
carrier(s) should be entitled to use the authority at issue.

The code-share operations conducted under this authorization are subject
to the following conditions: (a) The code-sharing operations conducted
under this authority must comply with 14 CFR 257 and with any amendment
to the Department’s regulations concerning code-share arrangements
that may be adopted.  Notwithstanding any provisions in the contract
between the carriers, our approval here is expressly conditioned upon
the requirements that the subject foreign air transportation be sold in
the name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility for the
entirety of the code-share journey for all obligations established in
its contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected; and  (b) the authority
granted here is specifically conditioned so that neither Comair nor
Delta Air Lines shall give any force or effect to any contractual
provisions between themselves that are contrary to these conditions.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

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

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

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

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

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

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

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

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

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 Comair, a subsidiary of Delta, proposes initial service between
Cincinnati and Montego Bay.

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