[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60891-60896]
[FR Doc No: 2012-24412]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0492; Directorate Identifier 2010-NM-126-AD;
Amendment 39-17209; AD 2012-20-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 747 airplanes. That AD currently
requires repetitive visual inspections around the bushings of the wing
landing gear (WLG) beam outboard end fittings for corrosion, and rework
if necessary; and ultrasonic inspections for cracks of the outboard end
fittings of the WLG support beams, and rework if necessary. This new AD
adds airplanes and adds repetitive inspections of the outboard end
fitting of the left and right WLG support beams for cracks and
corrosion, and corrective actions if necessary. This AD was prompted by
new reports of corrosion damage to the end fittings of the WLG support
beams, and one report of subsequent cracking in the end fittings. We
are issuing this AD to detect and correct corrosion and subsequent
cracking in the outboard end fittings, which could result in separation
of the fitting and damage to adjacent flight control cables and
hydraulic systems and consequent reduced controllability of the
airplane.

DATES: This AD is effective November 9, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 9,
2012.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
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: Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-
6432; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 89-15-07, Amendment 39-6267 (54 FR 30009, July
18, 1989). That AD applies to the specified products. The NPRM
published in the Federal Register on May 31, 2012 (77 FR 32064). That
NPRM proposed to continue to require repetitive visual inspections
around the bushings of the wing landing gear (WLG) beam outboard end
fittings for corrosion, and rework if necessary; and ultrasonic
inspections for cracks of the outboard end fittings of the WLG support
beams, and rework if necessary. That NPRM also proposed to add
airplanes and repetitive inspections of the outboard end fitting of the
left and right WLG support beams for cracks and

corrosion, and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 32064, May 31, 2012) and the FAA's response to each comment.

Request To Change Certain Language in Paragraph (s) of the NPRM (77 FR
32064, May 31, 2012)

    Boeing asked that the following sentence be added to paragraph (s)
of the NPRM (77 FR 32064, May 31, 2012): ``After accomplishing the
repair or change in accordance with Part 7 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2331, dated
November 12, 2009, do the applicable actions required by paragraph (r)
of this AD.'' Boeing stated that the follow-on inspections are required
after accomplishing the repair or replacement in Part 7. Boeing added
that paragraph (q) of the NPRM contains a similar requirement for
Groups 1 through 5 airplanes.
    We partially agree with the commenter. We agree that the language
specified in paragraphs (q) and (s) of the NPRM (77 FR 32064, May 31,
2012) is inconsistent. However, we do not agree to include the
additional sentence in paragraph (s) of this final rule because it
would continue to restate redundant information, and may further
confuse operators. Therefore, we have removed ``* * * do the applicable
actions required by paragraph (p) of this AD,'' as was specified in
paragraph (q) of the NPRM, in order to provide consistency between
those related paragraphs.

Request To Include Certain Part Numbers (P/Ns) in the NPRM (77 FR
32064, May 31, 2012)

    Qantas Airways (QAN) asked that the NPRM (77 FR 32064, May 31,
2012) be reviewed to accurately capture all approved part numbers for
end fitting replacements. QAN stated that, for its Model 747-400
Configuration 6 airplanes, Boeing Alert Service Bulletin 747-57A2331,
dated November 12, 2009, specifies that if a replacement spare end
fitting is required, an end fitting assembly having P/N 112U1701-1 is
to be used for that replacement. QAN noted that the parts page
inventory list from the original equipment manufacturer (OEM) shows
that P/N 112U1701-1 is no longer available and has been replaced with
P/N 112U2701-7. QAN also noted that P/N 65B14473-23 and P/N 65B14473-24
are no longer available and have been replaced by P/N 65B14473-33 and
P/N 65B14473-34, respectively. QAN added that these replacement parts
are not identified in the referenced service information. QAN also
stated that, if any of the replacement parts are used, it will be
forced to request an alternative method of compliance (AMOC) from the
OEM to approve the use of an alternate part in order to comply with the
AD requirements.
    We acknowledge the commenter's concerns. However, as specified in
the NPRM (77 FR 32064, May 31, 2012), since issuance of AD 89-15-07,
Amendment 39-6267 (54 FR 30009, July 18, 1989), corrosion occurred
again at the lug bore and bushing interface because moisture continued
to develop in that area due to exposure of the end fittings to
environmental conditions. Subsequently, cracks occurred at the corroded
areas of the end fittings; therefore, the unsafe condition specified in
the existing AD has not been corrected. We find that issuing this AD
without further delay is necessary to adequately address the identified
unsafe condition. Operators may submit a request for approval of the
replacement part numbers (P/Ns) through an AMOC, as specified in
paragraph (u) of the AD. We have not changed the AD in this regard.

Request To Change Certain Paragraph Identifiers in the NPRM (77 FR
32064, May 31, 2012)

    Boeing and Atlas Air asked that the paragraph identifier in the
last sentence in paragraph (l) of the NPRM (77 FR 32064, May 31, 2012)
be changed from paragraph (j) to paragraph (p). Boeing and Atlas Air
stated that paragraph (j) of the NPRM would not be applicable since it
applies to inspections of the end fittings prior to accomplishing the
repair or replacement in Part 7 of Boeing Alert Service Bulletin 747-
57A2331, dated November 12, 2009. Atlas Air added that paragraph (p) of
the NPRM defines the procedures for follow-on end fitting inspections
on which the repair or replacement specified in Part 7 has been done.
    Boeing, Atlas Air, and UPS asked that the paragraph identifier in
the last sentence in paragraph (n) of the NPRM (77 FR 32064, May 31,
2012) be changed from paragraph (m) to paragraph (r). Boeing, Atlas
Air, and UPS stated that paragraph (m) of the NPRM applies to
inspections of the end fittings prior to accomplishing the repair or
replacement in Part 7 of Boeing Alert Service Bulletin 747-57A2331,
dated November 12, 2009. Atlas Air added that paragraph (r) of the NPRM
defines the procedures for follow-on end fitting inspections on which
the repair or replacement specified in Part 7 has been done.
    We agree with the commenters for the reasons provided. We have
changed the paragraph identifiers in paragraphs (l) and (n) of this AD
accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Explanation of Change to Costs of Compliance

    Since issuance of AD 89-15-07, Amendment 39-6267 (54 FR 30009, July
18, 1989), we have increased the labor rate used in the Costs of
Compliance from $40 per work-hour to $85 per work-hour. The Costs of
Compliance information, below, reflects this increase in the specified
labor rate.

Costs of Compliance

    We estimate that this AD affects 173 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
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Inspections [retained actions      10 work-hours x $85              $0  $850 per inspection  $147,050 per
 from existing AD 89-15-07,         per hour = $850                      cycle.               inspection cycle.
 Amendment 39[dash]6267 (54 FR      per inspection
 30009, July 18, 1989)].            cycle.

Inspections [new action].........  Up to 67 work-hours              $0  Up to $5,695 per     Up to $985,235 per
                                    x $85 per hour =                     inspection cycle,    inspection cycle,
                                    $5,695 per                           depending on         depending on
                                    inspection cycle,                    configuration.       configuration.
                                    depending on
                                    configuration.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs/
replacements that would be required based on the results of the
inspection. We have no way of determining the number of aircraft that
might need these repairs/replacements:

                                               On-Condition Costs
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                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Repair or replacement................  Up to 71 work-hours x    Up to $26,436,           Up to $32,471,
                                        $85 per hour = $6,035,   depending on             depending on
                                        depending on             configuration.           configuration.
                                        configuration.
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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.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (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),
    (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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
89-15-07, Amendment 39-6267 (54 FR 30009, July 18, 1989), and adding
the following new AD:

2012-20-03 The Boeing Company: Amendment 39-17209; Docket No. FAA-
2012-0492; Directorate Identifier 2010-NM-126-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective November 9, 2012.

(b) Affected ADs

    This AD supersedes AD 89-15-07, Amendment 39-6267 (54 FR 30009,
July 18, 1989).

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-100B,
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-
400D, 747-400F, 747SR, and 747SP series airplanes; certificated in
any category; as identified in Boeing Alert Service Bulletin 747-
57A2331, dated November 12, 2009.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by new reports of corrosion damage to the
end fittings of the wing landing gear (WLG) support beams, and one
report of subsequent cracking in the end fittings. We are issuing
this AD to detect and correct corrosion and subsequent cracking in
the outboard end fittings, which could result in separation of the
fitting and damage to adjacent flight control cables and hydraulic
systems and consequent reduced controllability of the airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections With Revised Compliance Times

    This paragraph restates the requirements of paragraphs A., B.,
C., and D., of AD 89-15-07, Amendment 39-6267 (54 FR 30009, July 18,
1989) with revised compliance times. For airplanes identified in
Boeing Service Bulletin 747-57-2244, Revision 1, dated July 28,
1988: Prior to the accumulation of 30,000 flight hours or 8 years in
service, whichever occurs first; or within the next 14 months after
August 22, 1989 (the effective date of AD 89-15-07); whichever
occurs later; visually inspect around the fitting lug bushings at
the WLG beam outboard end fittings for corrosion, and ultrasonically
inspect the WLG beam outboard end fittings for cracks, in accordance
with Boeing Service Bulletin 747-57-2244, Revision 1, dated July 28,
1988. Accomplishing the initial inspections required by paragraph
(j) of this AD terminates the inspections required by this
paragraph.
    (1) If no cracking or corrosion is found, repeat the inspections
at intervals not to exceed 18 months until paragraph (j) of this AD
has been accomplished.
    (2) If cracking is found, prior to further flight, remove the
WLG beam outboard

fitting, and rework, in accordance with Boeing Service Bulletin 747-
57-2244, Revision 1, dated July 28, 1988.
    (3) If only corrosion is found, within the next 12 months,
rework in accordance with Boeing Service Bulletin 747-57-2244,
Revision 1, dated July 28, 1988. The ultrasonic inspections for
cracks required by paragraph (g) of this AD must be accomplished at
intervals not to exceed 6 months until the rework is accomplished.
For any corrosion that is found after the effective date of this AD,
the rework must be done before further flight.

(h) Retained Terminating Action

    This paragraph restates the requirements of paragraph E., of AD
89-15-07, Amendment 39-6267 (54 FR 30009, July 18, 1989).
Terminating action for the inspections required by paragraph (g) of
this AD consists of rework of the WLG beam outboard fittings, in
accordance with Boeing Service Bulletin 747-57-2244, Revision 1,
dated July 28, 1988.

(i) New Compliance Times for This AD

    For all the actions identified in paragraphs (j) through (t) of
this AD, do the actions at the applicable time specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009. Where paragraph 1.E.,
``Compliance'' of this service bulletin specifies a compliance time
relative to the original issue date of the service bulletin, this AD
requires compliance within the specified compliance time after the
effective date of this AD.

(j) New Repetitive Inspections for Groups 1 Through 5 Airplanes

    For Groups 1 through 3 airplanes, Configurations 1 and 2; and
Groups 4 and 5 airplanes: Do detailed and ultrasonic inspections of
the end fittings for cracks and corrosion, in accordance with Part 1
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009.

(k) New Inspections for No Crack or Corrosion Findings for Groups 1
Through 5 Airplanes

    If no crack or corrosion is found during any inspection required
by paragraph (j) of this AD, do either of the actions required by
paragraph (k)(1) or (k)(2) of this AD.
    (1) Repeat the detailed and ultrasonic inspections of the end
fittings for cracks and corrosion, in accordance with Part 1 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
57A2331, dated November 12, 2009.
    (2) Do a detailed inspection of the end fittings for fillet seal
damage and for cracks and corrosion, in accordance with Part 2 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009.
    (i) If no fillet seal damage, crack, or corrosion is found:
Repeat the inspection required by paragraph (k)(2) of this AD.
    (ii) If any fillet seal damage is found, but no crack or
corrosion is found: Remove the fillet seal, and do detailed and HFEC
inspections of each end fitting for cracks and corrosion, in
accordance with Part 2 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009.
    (A) If any crack or corrosion is found: Repair or change the end
fitting, in accordance with paragraph (l) of this AD.
    (B) If no crack or corrosion is found: Apply corrosion
inhibiting compound on each end fitting, in accordance with Part 2
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009; and do detailed and HFEC
inspections of each end fitting for cracks and corrosion, in
accordance with Part 3 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009.
    (1) If no crack or corrosion is found: Apply corrosion
inhibiting compound on each end fitting, in accordance with Part 3
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009, and thereafter repeat the
inspections required by paragraph (k)(2)(ii)(B) of this AD.
    (2) If any crack or corrosion is found: Repair or change the end
fitting, in accordance with paragraph (l) of this AD.

(l) New Repair for Crack or Corrosion Findings for Groups 1 Through 5
Airplanes

    If any crack or corrosion is found during any inspection
required by paragraph (j) or (k) of this AD: Repair or change the
end fitting, in accordance with Part 7 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2331, dated
November 12, 2009. After accomplishing the repair or change in
accordance with Part 7 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009, do the
applicable actions required by paragraph (p) of this AD.

(m) New Repetitive Inspections and Corrective Actions for Group 6
Airplanes

    For Group 6 airplanes: Do a detailed inspection of the end
fittings for fillet seal damage and for cracks and corrosion, in
accordance with Part 1 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009.
    (1) If no fillet seal damage, crack, or corrosion is found: Do
the detailed inspection of the end fittings for fillet seal damage
and for cracks and corrosion, in accordance with Part 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
57A2331, dated November 12, 2009.
    (i) If no fillet seal damage, crack, or corrosion is found:
Repeat the detailed inspection required by paragraph (m)(1) of this
AD.
    (ii) If any fillet seal damage is found, but no crack or
corrosion is found: Remove the fillet seal, and do detailed and HFEC
inspections of each end fitting for cracks and corrosion, in
accordance with Part 2 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009.
    (A) If any crack or corrosion is found: Repair or change the end
fitting, in accordance with paragraph (n) of this AD.
    (B) If no crack or corrosion is found: Apply corrosion
inhibiting compound on each end fitting, in accordance with Part 2
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009; and do detailed and HFEC
inspections of each end fitting for cracks and corrosion, in
accordance with Part 3 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009.
    (1) If any crack or corrosion is found: Repair or change the end
fitting, in accordance with paragraph (n) of this AD.
    (2) If no crack or corrosion is found: Apply corrosion
inhibiting compound, in accordance with Part 3 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2331, dated
November 12, 2009, and thereafter repeat the inspections required by
paragraph (m)(1)(ii)(B) of this AD.
    (2) If any fillet seal damage is found, but no crack or
corrosion is found: Remove the fillet seal, and do detailed and HFEC
inspections of each end fitting for cracks and corrosion, in
accordance with Part 1 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009.
    (i) If any crack or corrosion is found: Repair or change the end
fitting, in accordance with paragraph (n) of this AD.
    (ii) If no crack or corrosion is found: Apply corrosion
inhibiting compound on each end fitting, in accordance with Part 1
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009; and do detailed and HFEC
inspections of each end fitting for cracks and corrosion, in
accordance with Part 3 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009.
    (A) If any crack or corrosion is found: Repair or change the end
fitting, in accordance with paragraph (n) of this AD.
    (B) If no crack or corrosion is found: Apply corrosion
inhibiting compound, in accordance with Part 3 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2331, dated
November 12, 2009, and thereafter repeat the inspections required by
paragraph (m)(2)(ii) of this AD.

(n) New Repair for Group 6 Airplanes

    If any crack or corrosion is found during any inspection
required by paragraph (m) of this AD: Repair or change the end
fitting, in accordance with Part 7 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2331, dated
November 12, 2009. After accomplishing the repair or change in
accordance with Part 7 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009, do the
applicable actions required by paragraph (r) of this AD.

(o) New Optional Terminating Action for Part 1, Part 2, and Part 3
Inspections

    In lieu of doing Part 1, Part 2, or Part 3 inspections required
by this AD: Repair or change the end fitting, in accordance with
Part 7 of the Accomplishment Instructions of

Boeing Alert Service Bulletin 747-57A2331, dated November 12, 2009.
After accomplishing the repair or change in accordance with Part 7
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009, do the applicable actions
required by paragraphs (p) and (r) of this AD. Doing the repair or
change terminates the Part 1, 2, or 3 inspections for that part only
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009.

(p) New Follow-On End Fitting Inspection for Groups 1 Through 5
Airplanes

    For Groups 1 through 5 airplanes on which the repair or change
specified in Part 7 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009, has
been done: Do detailed and ultrasonic inspections of the end
fittings for cracks and corrosion, in accordance with Part 4 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
57A2331, dated November 12, 2009. If no crack or corrosion is found,
do the actions required by either paragraph (p)(1) or (p)(2) of this
AD.
    (1) Repeat the detailed and ultrasonic inspections of the end
fittings for cracks and corrosion required by paragraph (p) of this
AD.
    (2) Do a detailed inspection of each end fitting for fillet seal
damage, cracks, and corrosion, in accordance with Part 5 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
57A2331, dated November 12, 2009.
    (i) If no fillet seal damage, crack, or corrosion is found:
Repeat the inspection required by paragraph (p)(2) of this AD.
    (ii) If any fillet seal damage is found, but no crack or
corrosion is found: Remove the fillet seal, and do detailed and HFEC
inspections of each end fitting for cracks and corrosion, in
accordance with Part 5 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009.
    (A) If any crack or corrosion is found: Repair or change the end
fitting, as required by paragraph (q) of this AD.
    (B) If no crack or corrosion is found: Apply corrosion
inhibiting compound on each end fitting, in accordance with Part 5
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009; and do detailed and HFEC
inspections of each end fitting for cracks and corrosion, in
accordance with Part 6 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009.
    (1) If any crack or corrosion is found: Repair or change the end
fitting, as required by paragraph (q) of this AD.
    (2) If no crack or corrosion is found: Apply corrosion
inhibiting compound, in accordance with Part 6 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2331, dated
November 12, 2009; and repeat the detailed and HFEC inspections of
each end fitting for cracks and corrosion, in accordance with Part 6
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009.

(q) New Repair for Groups 1 Through 5 Airplanes

    If any crack or corrosion is found during any inspection
required by paragraph (p) of this AD, repair or change the end
fitting, in accordance with Part 7 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2331, dated
November 12, 2009.

(r) New Follow-On End Fitting Inspection for Group 6 Airplanes

    For Group 6 airplanes on which the repair or change specified in
Part 7 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-57A2331, dated November 12, 2009, has been done: Do a
detailed inspection of the end fittings for fillet seal damage,
cracks, and corrosion, in accordance with Part 4 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
57A2331, dated November 12, 2009.
    (1) If no fillet seal damage, crack, or corrosion is found: Do a
detailed inspection of each end fitting for fillet seal damage,
cracks, and corrosion, in accordance with Part 5 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
57A2331, dated November 12, 2009.
    (i) If no fillet seal damage, crack, or corrosion is found:
Repeat the inspection required by paragraph (r)(1) of this AD.
    (ii) If any fillet seal damage is found, but no crack or
corrosion is found: Do detailed and HFEC inspections of each end
fitting for cracks and corrosion, in accordance with Part 5 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
57A2331, dated November 12, 2009.
    (A) If any crack or corrosion is found: Repair or change the end
fitting as required by paragraph (s) of this AD.
    (B) If no crack or corrosion is found: Apply corrosion
inhibiting compound on each end fitting, in accordance with Part 5
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009; and repeat the detailed and
HFEC inspections of each end fitting for cracks and corrosion, in
accordance with Part 6 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009.
    (1) If any crack or corrosion is found: Repair or change the end
fitting, in accordance with Part 7 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2331, dated
November 12, 2009.
    (2) If no crack or corrosion is found: Apply corrosion
inhibiting compound, in accordance with Part 6 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2331, dated
November 12, 2009; and repeat the detailed and HFEC inspections of
each end fitting for cracks and corrosion, in accordance with Part 6
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009.
    (2) If any fillet seal damage is found, but no crack or
corrosion is found: Do detailed and HFEC inspections of each end
fitting for cracks and corrosion, in accordance with Part 4 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
57A2331, dated November 12, 2009.
    (i) If any crack or corrosion is found: Repair or change the end
fitting, as required by paragraph (s) of this AD.
    (ii) If no crack or corrosion is found: Apply corrosion
inhibiting compound on each end fitting, in accordance with Part 4
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009; and do detailed and HFEC
inspections of each end fitting for cracks and corrosion, in
accordance with Part 6 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-57A2331, dated November 12, 2009.
    (A) If any crack or corrosion is found: Repair or change the end
fitting, as required by paragraph (s) of this AD.
    (B) If no crack or corrosion is found: Apply corrosion
inhibiting compound, in accordance with Part 6 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2331, dated
November 12, 2009; and repeat the detailed and HFEC inspections of
each end fitting for cracks and corrosion, in accordance with Part 6
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-57A2331, dated November 12, 2009.

(s) New Repair for Group 6 Airplanes

    If any crack or corrosion is found during any inspection
required by paragraph (r) of this AD, repair or change the end
fitting, in accordance with Part 7 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2331, dated
November 12, 2009.

(t) New Optional Action for Part 4, Part 5, and Part 6 Inspections

    In lieu of doing Part 4, Part 5, or Part 6 inspections required
by this AD: Repair or change the end fitting, in accordance with
Part 7 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-57A2331, dated November 12, 2009. After accomplishing
the repair or change in accordance with Part 7 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2331, dated
November 12, 2009, do the applicable actions required by paragraphs
(p) and (r) of this AD.

(u) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (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 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, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 89-15-07,
Amendment 39-6267 (54 FR 30009, July 18, 1989), are approved as
AMOCs for the corresponding requirements of this AD.

(v) Related Information

    (1) For more information about this AD, contact Bill Ashforth,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

(w) 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 the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 747-57A2331, dated November
12, 2009.
    (ii) Boeing Service Bulletin 747-57-2244, Revision 1, dated July
28, 1988.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) 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>.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 26, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-24412 Filed 10-4-12; 8:45 am]
BILLING CODE 4910-13-P


<COMPANY FEDERAL REGISTER DOCUMENT SUBMISSION TEMPLATE  (7/1/2006)>

<EPA Registration Division contact: [  SEQ CHAPTER \h \r 1 Joanne I.
Miller:<PHONE_NUMBER>]>

<INSTRUCTIONS:  Please utilize this outline in preparing tolerance
petition documents.  In cases where the outline element does not apply
please insert “NA-Remove” and maintain the outline.  The comment
notes that appear on the left margin represent hidden typesetting codes
designed to expedite the processing of the Federal Register document.
Please do not remove or alter these comment notes or change the margins,
font, or format in your document. Simply replace the instructions that
appear in italics and brackets, i.e., “[insert company name],” with
the information specific to your action.]>

<TEMPLATE:>

<[Bayer Crop Science]>

<[Insert petition number]>

<	EPA has received a pesticide petition ([insert petition number])   SEQ
CHAPTER \h \r 1 Bayer CropScience, 2 T.W. Alexander Drive, Research
Triangle Park, NC 27709  proposing, pursuant to section 408(d) of the
Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to
amend 40 CFR part 180.473(1) >

<(Options (pick one)>

<	1. by establishing a tolerance for residues of>

<<glufosinate-ammonium and its metabolites expressed as butanoic acid,
2-amino-4-(hydroxymethylphosphinyl)-, monoammonium salt,
2-acetamido-4-methylphosphinico-butanoic acid and
3-methylphosphinico-propionic acid. expressed as glufosinate free acid
equivalents in or on the raw agricultural commodity non-transgenic
aspirated grain fractions at [25.0] parts per million (ppm), non-
transgenic canola, meal at [1.1] parts per million (ppm), non-
transgenic canola, seed at [0.4 ] parts per million (ppm), non-
transgenic field corn, forage at [4.0] parts per million (ppm), non-
transgenic field corn, grain at [0.2] parts per million (ppm), non-
transgenic field corn, stover at [6.0] parts per million (ppm), non-
transgenic soybean, at [2.0] parts per million (ppm), non- transgenic
soybean, hulls at [5.0] parts per million (ppm),    EPA has determined
that the petition contains data or information regarding the elements
set forth in section 408 (d)(2) of the FDDCA; however, EPA has not fully
evaluated the sufficiency of the submitted data at this time or whether
the data supports granting of the petition. Additional data may be
needed before EPA rules on the petition.>

<A. Residue Chemistry>

<	1. Plant metabolism.   SEQ CHAPTER \h \r 1 A confined rotational crop
study has been submitted and reviewed by the Agency. Based on the
previously submitted and reviewed confined and field rotational crop
studies, the EPA has determined that the residues of concern in
rotational crops, for the purpose of risk assessments and tolerance
expression are glufosinate ammonium (HOE 061517) and 2
methylphosphinicoacetic acid (HOE 064619).  The results of these studies
are consistent with other metabolism studies conducted with
glufosinate-ammonium on other crops and support the contention that the
nature of residues found in plants as a result of a treatment of
glufosinate-ammonium is well understood.>

<	2. Analytical method.   SEQ CHAPTER \h \r 1 The enforcement analytical
method utilizes gas chromatography for detecting and measuring levels of
glufosinate-ammonium and metabolites with a general limit of
quantification of 0.05 ppm.  This method allows detection of residues at
or above the proposed tolerances.

<	3. Magnitude of residues. Tolerances are currently listed in 40 CFR
§180.473(2) for transgenic canola, transgenic field corn and transgenic
soybean.

<B. Toxicological Profile>

<	1. Acute toxicity.    SEQ CHAPTER \h \r 1 Glufosinate-ammonium has
been classified as toxicity category III for acute oral, dermal, and
inhalation toxicity; and for eye irritation.  Glufosinate-ammonium is
not a dermal irritant (toxicity category IV) nor is it a dermal
sensitizer.  The oral LD50 is 4010 mg/kg in male rats and 3030 mg/kg in
female rats. >

<	2. Genotoxicty.   SEQ CHAPTER \h \r 1 Based on results of a complete
genotoxicity database, there is no evidence of mutagenic activity in a
battery of studies, including:  Salmonella spp., E. coli, in vitro
mammalian cell gene mutation assays, mammalian cell chromosome
aberration assays, in vivo mouse bone marrow micronucleus assays, and
unscheduled DNA synthesis assays .

<	3. Reproductive and developmental toxicity.   SEQ CHAPTER \h \r 1 In a
developmental toxicity study, groups of 20 pregnant female Wistar rats
were administered glufosinate-ammonium by gavage at doses of 0, 0.5,
2.24 10, 50 and 250 mg/kg/day from days 7 to 16 of pregnancy.  The NOAEL
for maternal toxicity is 10 mg/kg/day; the LOAEL is 50 mg/kg/day based
on vaginal bleeding and hyperactivity in dams.  In the fetus, the NOAEL
is 50 mg/kg/day, based on dilated renal pelvis observations at the LOAEL
of 250 mg/kg/day.  In a developmental toxicity study, groups of 15
pregnant female Himalayan rabbits were administered glufosinate-ammonium
by gavage at doses of 0, 2.0, 6.3, or 20.0 mg/kg/day from days 7 to 19
of pregnancy.  In maternal animals, decreases in food consumption and
body weight gain were observed at the 20 mg/kg/day dose level.  The
NOAEL for maternal toxicity was 6.3 mg/kg/day and that for developmental
toxicity was 20 mg/kg/day.

In a multi-generation reproduction study, glufosinate-ammonium was
administered to groups of 30 male and 30 female Wistar/Han rats in the
diet at concentrations of 0, 40, 120, or 360 ppm.  The LOAEL for
systemic toxicity is 120 ppm based on increased kidney weights in both
sexes and generations. The systemic toxicity NOAEL is 40 ppm. The LOAEL
for reproductive/developmental toxicity is 360 ppm based on decreased
numbers of viable pups in all generations.  The NOAEL is 120 ppm.

  SEQ CHAPTER \h \r 1 In a developmental neurotoxicity study, groups of
25 bred female rats were fed glufosinate ammonium at doses of 0, 200,
1000 or 4500 ppm in the diet. Body weights and food consumption were
decreased at 1000 and 4500 ppm. No effects were seen in treated animals
for the functional observation battery, developmental landmarks, grip
strength, startle response or learning and memory. Motor activity was
increased at the mid and high dose. The NOAEL for developmental
neurotoxicity was determined to be 200 ppm.

<	4. Subchronic toxicity   SEQ CHAPTER \h \r 1 In a sub-chronic oral
toxicity study, glufosinate-ammonium was administered to 10 NMRI
mice/sex/ dose in the diet at levels of 0, 80, 320 or 1,280 ppm
(equivalent to 0, 12, 48 or 192 millgrams/kilogram/day (mg/kg/day)) for
13 weeks.  Significant (p< 0.05) increases were observed in serum
aspartate aminotransferase and in alkaline phosphatase in high-dose (192
mg/kg/ day) males.  Also observed were increases in absolute and
relative liver weights in mid-(48 mg/kg/day) and high-dose males.  The
no observed adverse effect level (NOAEL) is 12 mg/kg/day, the lowest
observed adverse effect level (LOAEL) is 48 mg/kg/day based on the
changes in clinical biochemistry and liver weights.

<	5. Chronic toxicity.   SEQ CHAPTER \h \r 1 In a combined chronic
toxicity/oncogenicity study, glufosinate-ammonium was administered to 50
Wistar rats/sex/dose in the diet for 130 weeks at dose levels of 0, 40,
140, or 500 ppm (mean compound intake in males was 0, 1.9, 6.8, and 24.4
mg/kg/day and for females was 0, 2.4, 8.2 and 28.7 mg/kg/day,
respectively).  A dose-related increase in mortality was noted in
females at 140 and 500 ppm, whereas in males increased absolute and
relative kidney weights were noted at 140 ppm and 500 ppm.  The NOAEL
was considered to be 40 ppm.  No treatment-related oncogenic response
was noted.

In an oncogenicity study, glufosinate-ammonium was administered to 50
NMRI mice/sex/dose in the diet at dose levels of 0, 80, 160 (males only)
or 320 (females only) ppm for 104 weeks.  The NOAEL for systemic
toxicity is 80 ppm (10.82/16.19 mg/kg/day in males/females (M/F)), and
the LOAEL is 160/320 ppm (22.60/ 63.96 mg/kg/day in M/F), based on
increased mortality in males, increased glucose levels in males and
females, and changes in glutathione levels in males.  No increase in
tumor incidence was found in any treatment group.

In a chronic feeding study, technical glufosinate-ammonium was fed to
male and female beagle dogs for 12 months in the diet at levels of 2.0,
5.0, or 8.5 mg/kg/day.  The NOAEL is 5.0 mg/kg/day based on clinical
signs of toxicity, reduced weight gain and mortality 8.5 mg/kg/day.

In a rat oncogenicity study, glufosinate-ammonium was administered to
Wistar rats (60/sex/group) for up to 24 months at 0, 1,000, 5,000, or
10,000 ppm (equivalent to 0, 45.4, 228.9, or 466.3 mg/kg/day in males
and 0, 57.1, 281.5, or 579.3 mg/kg/day in females).  The LOAEL for
chronic toxicity is 5,000 ppm (equivalent to 228.9 mg/kg/day for male
rats and 281.5 mg/kg/day for females), based on increased incidences of
retinal atrophy.  The chronic NOAEL is 1,000 ppm.  Under the conditions
of this study, there was no evidence of carcinogenic potential.  Dosing
was considered adequate based on the increased incidence of   SEQ
CHAPTER \h \r 1 retinal atrophy.

<	6. Animal metabolism.   SEQ CHAPTER \h \r 1 Studies conducted in rats
using 14C- glufosinate-ammonium have shown that the compound is poorly
absorbed (5-10%) after oral administration and is rapidly eliminated
primarily as the parent compound.  The highest residue levels were found
in liver and kidney tissues.

The metabolic profile and the quantitative distribution of metabolites
were very similar in both goat and hen.  The vast majority of the dose
was excreted, primarily as parent compound.  The very limited residues
found in edible tissues, milk and eggs were comprised principally of
glufosinate and 3-methylphosphinico-propionic acid (Hoe 061517), with
lesser amounts of N-acetyl-L-glufosinate (Hoe 099730) and
2-methylohosphinico-acetic acid (Hoe 064619).

<	7. Metabolite toxicology.   SEQ CHAPTER \h \r 1 Additional testing has
been conducted with the major metabolites, 3-methylphosphinico-propionic
acid, and N-acetyl-L-glufosinate.  Based on sub-chronic and
developmental toxicity study results, a profile of similar or less
toxicity was observed for the metabolites as compared to the parent
compound, glufosinate-ammonium.

<	8. Endocrine disruption.   SEQ CHAPTER \h \r 1 No special studies have
been conducted to investigate the potential of glufosinate-ammonium to
induce estrogenic or other endocrine effects.  However, no evidence of
estrogenic or other endocrine effects have been noted in any of the
toxicology studies that have been conducted with this product and there
is no reason to suspect that any such effects would be likely.

<C. Aggregate Exposure>

<	1. Dietary exposure.   SEQ CHAPTER \h \r 1 Tolerances have been
established (40CFR part 180.473) for the combined residues of
glufosinate-ammonium and metabolites in or on a variety of raw
agricultural commodities. No appropriate toxicological endpoint
attributable to a single exposure was identified in the available
toxicity studies. EPA did not, therefore, establish an acute reference
dose (RfD) for the general population. An acute RfD of 0.0063 mg/kg/day
was established, however, for the females 13+ subgroup, based on a
developmental NOAEL of 6.3 mg/kg/day in the rabbit and a 100x
uncertainty factor (10x inter- 10x intra-species extrapolation) and a
10x FQPA data uncertainty factor. EPA determined that the Special FQPA
uncertainty factor would be 1X for the acute dietary risk assessment
based on conclusions of the HIARC and the complete residue and
environmental fate data bases. The developmental LOAEL (20 mg/kg/day)
was based on increased fetal death in the presence of maternal toxicity.
There was no qualitative or quantitative indication of increased
susceptibility in the prenatal developmental toxicities in rats and
rabbits or in the 2-generation reproductive study in rats with parent
compound or metabolites of concern. Toxicological studies showed
clinical signs in short term studies described as aggressive behavior,
piloerection and a high startle response at dosages of 300 mg/kg/day.
Based on these effects, EPA determined that a 10x FQPA data uncertainty
factor was appropriate for the risk assessment for the food and feed use
of glufosinate-ammonium. Using the 10x FQPA data uncertainty factor, the
acute population adjusted dose (aPAD) for glufosinate-ammonium is 0.0063
mg/kg/day.

 registrations which include broadcast application to apple, grape,
banana, tree nut orchards, potato (harvest aid desiccant); and the
bushberry crop subgroup. The analyses were conducted using Exponent,
Inc.’s DEEM™ software. Consumption data used in this program were
taken from USDA’s CSFII, 1994-1996.1998. A retreat interval of 28 days
was used for apples as opposed to a 14 day retreat interval. Under this
scenario, the acute EEC estimates from use in apples for sucker control
drops to 67 ppb, and the next highest exposure level becomes that
associated with weed control in tree nut crops at 74 ppb.>

Acute dietary risk was expressed as a percentage of the acute Population
Adjusted Dose (aPAD) of 0.0063 mg/kg bw/day based on a NOEL of 6.3 mg/kg
bw/day with an uncertainty factor of 1000. The EPA identified an acute
endpoint of concern for females of childbearing age. No endpoint
attributed to a single exposure was identified for the general
population, including infants and children. The estimated risk from
acute dietary exposure (95th percentile) for women 13-50 years of age
was 85.6% of the aPAD. Beef liver (31%), water (40%) and potato (22%)
were the major contributors to the acute exposure for this subgroup.

Chronic dietary risk was expressed as a percentage of the chronic
Population Adjusted Dose (cPAD) of 0.006 mg/kg bw/day based on a NOEL of
6.0 mg/kg bw/day with an uncertainty factor of 1000. The most highly
exposed subpopulation was infants (<1 year) at 57.0% of the cPAD. The
chronic value for the the U.S Population was 20.9% of the cPAD. A major
contributor to the overall dietary exposure for the <1 year old subgroup
was water at 86% and water at 72% for the U.S. Population.

<

<	2. Non-dietary exposure. Glufosinate-ammonium is currently registered
for use on the following non-food sites: areas around ornamentals, shade
trees, Christmas trees, shrubs, walks, driveways, flower beds, farmstead
buildings, in shelter belts, and along fences.  It is also registered
for use as a post-emergent herbicide on farmsteads, areas associated
with airports, commercial plants, storage and lumber yards, highways,
educational facilities, fence lines, ditch banks, dry ditches, schools,
parking lots, tank farms, pumping stations, parks, utility rights-of
-way, roadsides, railroads, and other public areas and similar
industrial and non-food crop areas.

The EPA has determined that there are no acute or chronic non-dietary
exposure scenarios.  Further, the Agency has determined that it is not
appropriate to aggregate short- and intermediate-term non-dietary
exposure with dietary exposures in risk assessments because the
end-points are different.

>

<D. Cumulative Effects>

<	EPA has indicated that, at this time, the Agency does not have
available data to determine whether glufosinate-ammonium has a common
mechanism of toxicity with other substances or how to include this
pesticide in a cumulative risk assessment.  Unlike other pesticides for
which EPA has followed a cumulative risk approach based on a common
mechanism of toxicity, glufosinate-ammonium does not appear to produce a
toxic metabolite produced by other substances. For the purposes of this
tolerance petition, therefore, it has not been assumed that
glufosinate-ammonium has a common mechanism of toxicity with other
substances.

<E. Safety Determination>

<	1. U.S. population. Using the conservative assumptions described
above, based on the completeness and reliability of the toxicity data,
it is concluded that chronic dietary exposure to the registered and
proposed uses of glufosinate-ammonium will utilize at most 20.9% of the
chronic reference dose for the US Population. The actual exposure is
likely to be much less as more realistic data and models are developed.
Exposures below 100% of the reference dose are generally assumed to be
of no concern because the reference dose represents the level at or
below which daily aggregate exposure over a lifetime will not pose
appreciable risk to human health.

The acute population of concern, female 13-50 yrs. utilizes ~85.6% of
the aPAD and the actual exposure is likely to be far less.

It is not appropriate to aggregate non-dietary exposures with dietary
exposures uses because the toxicity end-points are different. Therefore,
there is a reasonable certainty that no harm will occur to the US
Population from aggregate exposure (food, drinking water and
nonresidential) to residues of glufosinate-ammonium and metabolites.

<	2. Infants and children. The toxicological data base is sufficient for
evaluating prenatal and postnatal toxicity for glufosinate-ammonium.
There are no prenatal or postnatal susceptibility concerns for infants
and children, based on the results of the rat and rabbit developmental
toxicity studies and the 2-generation reproduction study. Based on
clinical signs of neurological toxicity in short and intermediate dermal
toxicity studies with rats, and due to the lack of a DNT (study
submitted January 2005 – MRID 48455701) EPA determined that an added
FQPA data uncertainty factor of 10x is appropriate for assessing the
risk of glufosinate-ammonium derived residues in crop commodities.

Using the conservative assumptions described in the exposure section
above, the percent of the cPAD that will be used for exposure to
residues of glufosinate-ammonium in food and water is 57.0 percent for
infants less than on year of age. Of this, water composes 86% of the
total. As in the adult situation, drinking water levels of comparison
are higher than the worst case drinking water estimated concentrations,
if they occur at all.

Therefore, there is a reasonable certainty that no harm will occur to
infants and children from aggregate exposure to residues of
glufosinate-ammonium.

<F. International Tolerances>

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ᨀmum Residue Limits (Codex MRLs) for residues of glufosinate-ammonium
and metabolites in or on maize, at 0.1 ppm, maize forage, at 5.0 ppm,
maize fodder, at 10.0 ppm, soya bean (dry), at 2.0 ppm, rape seed, at
5.0 ppm, and rape seed oil (crude) at 0.05 ppm).