[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Rules and Regulations]
[Pages 39956-39958]
[FR Doc No: 2014-16184]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0876; Directorate Identifier 2013-NE-27-AD;
Amendment 39-17895; AD 2014-14-01]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Rolls-Royce plc (RR) RB211 Trent 768-60, 772-60, and 772B-60 turbofan
engines. This AD requires modification of the engine by removing an
electronic engine control (EEC) incorporating EEC software standard A14
or earlier and installing an EEC eligible for installation. This AD was
prompted by an uncontained multiple turbine blade failure on an RR
RB211 Trent 772B turbofan engine. We are issuing this AD to prevent
failure of the intermediate-pressure (IP) turbine disk drive arm or
burst of the high-pressure turbine disk, which could lead to
uncontained engine failure and damage to the airplane.

DATES: This AD becomes effective August 15, 2014.

ADDRESSES: For service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England,
DE248BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936; email:
http://www.rolls-royce.com/contact/civil_team.jsp; or Web site:
https://www.aeromanager.com. You may view this service information at
the FAA, Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. 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 by searching for and locating Docket No. FAA-2013-
0876; 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 mandatory continuing airworthiness information
(MCAI), 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: Kenneth Steeves, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone: (781) 238-
7765; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM was published in the Federal Register on March 3, 2014 (79 FR
11722). The NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    An operator of an A330 aeroplane fitted with RR Trent 772B
engines experienced an engine uncontained multiple turbine blade
failure. Investigation results showed that High-Pressure/
Intermediate-Pressure (HP/IP) oil vent tubes may be affected by
carbon deposit and may also be damaged by their outer heat shields,
which in this case led to combustion inside the tube. The consequent
chain of events resulted in an engine internal fire which caused the
failure of the IP turbine disc drive arm.
    This condition, if not corrected, could lead to uncontained
multiple turbine blade failures or an HP/IP turbine disc burst,
possibly resulting in damage to, and reduced control of, the
aeroplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Modify Description of Failure Mode

    RR requested that we define the failure mode as IP turbine disc
drive arm failure and multiple IP turbine blade release to be
consistent with descriptions in the RR service bulletin and the
European Aviation Safety Agency (EASA) AD.
    We disagree. EASA AD 2013-0190, dated August 20, 2013, states that
the failure mode is multiple turbine blade failures or HP/IP turbine
disc burst. We did not change this AD.

Request That FAA Require the Same Compliance Date as the EASA AD

    RR requested that we modify the compliance date to be consistent
with the compliance date required in EASA AD 2013-0190, dated August
20, 2013.
    We disagree. EASA AD 2013-0190, dated August 20, 2013 required
compliance by December 31, 2018. We proposed compliance at next shop
visit or December 31, 2018, whichever comes first, to achieve more
timely mitigation of the unsafe condition. We did not change this AD.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.

Costs of Compliance

    We estimate that this AD affects about 72 engines installed on
airplanes of U.S. registry. We also estimate that it will take about 1
hour per engine to comply with this AD. The average labor rate is $85
per hour. There are no required parts. Based on these figures, we
estimate the cost of this AD on U.S. operators to be $6,120.

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),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, 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 adding the following new airworthiness
directive (AD):

2014-14-01 Rolls-Royce plc: Amendment 39-17895; Docket No. FAA-2013-
0876; Directorate Identifier 2013-NE-27-AD.

(a) Effective Date

    This AD becomes effective August 15, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Rolls-Royce plc (RR) RB211 Trent 768-60,
772-60, and 772B-60 turbofan engines prior to engine serial number
42066.

(d) Reason

    This AD was prompted by an uncontained multiple turbine blade
failure on an RR RB211 Trent 772B turbofan engine. We are issuing
this AD to prevent failure of the intermediate-pressure turbine disc
drive arm or burst of the high-pressure turbine disk, which could
lead to uncontained engine failure and damage to the airplane.

(e) Actions and Compliance

    After the effective date of this AD, at the next engine shop
visit or by December 31, 2018, whichever occurs first, modify the
engine by removing any electronic engine control (EEC) that
incorporates EEC software standard A14 or earlier and installing an
EEC eligible for installation.

(f) Installation Prohibition

    After modification of an engine as required by paragraph (e) of
this AD, do not install an EEC with software standard A14 or earlier
into that engine.

(g) Definitions

    (1) For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine flanges, except that the
separation of engine flanges solely for the purposes of
transportation without subsequent engine maintenance does not
constitute an engine shop visit.
    (2) For the purpose of this AD, an EEC ``eligible for
installation'' is any EEC that does not contain software standard
A14 or earlier.

(h) Credit for Previous Actions

    If before the effective date of this AD you removed from an
engine any EEC that had EEC software standard A14 or earlier and
your engine no longer has an EEC with software standard A14 or
earlier, you have met the requirements of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
to this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(j) Related Information

    (1) For more information about this AD, contact Kenneth Steeves,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2013-0190,
dated August 20, 2013, for more information. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0876.
    (3) RR Alert Service Bulletin No. RB.211-73-AG829, dated April
18, 2012, which is not incorporated by reference in this AD, can be
obtained from Rolls-Royce plc, using the contact information in
paragraph (j)(4) of this AD.
    (4) For service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
England, DE248BJ; phone: 011-44-1332-242424; fax: 011-44-1332-
249936; email: http://www.rolls-royce.com/contact/civil_team.jsp;
or Web site: https://www.aeromanager.com.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

(k) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on June 30, 2014.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2014-16184 Filed 7-10-14; 8:45 am]
BILLING CODE 4910-13-P


Memo to docket From: Jan King On 3/ 5/ 04, Tom Helms, Lydia Wegman, Doug Grano, Bill Neuffer, Kevin Culligan and I had a conference call with Art Fraas of OMB. Below is a summary of the items discussed and our responses.

1. What is the cost of this Phase 2 rule by itself? Is the Phase 2 rule a major rule? Language added to E. O. 12866.

2. Is the " one third potential electric output/ 25 MWe sales criteria" used to define EGUs in Title IV, the SIP Call, the IAQR and the utility mercury rule? Yes 3. Is the " sales under firm contract to the grid" criteria used in all four rules? No, it is only used in the SIP Call, we are not changing this definition in the phase II rule ( and we don't have the flexibility to as we never took comment on it). We used this definition because it was consistent with the way we created the budgets. In the IAQR and the mercury rule we are using a more simple sales criteria.

4. How many EGUs are in the coarse grid portion of the States of AL, GA, MI and MO?

Fine Grid Coarse Grid % Units in Fine Grid MW Coarse Grid MW % MMW in Units Units Fine Grid Fine Grid AL 40 17 70.2 11477 2565 81.7 GA 70 27 72.2 16596.4 1271.5 92.9 MI 75 16 82.4 16504.7 1032.7 94.1 MO 18 59 23.4 7263.3 6611.3 52.3 5. What are our plans in lifting the 8 hr stay? After discussion, Art said we would discuss this outside of the context of the Phase II rule, and that the language in the rule could stay as is.

6. Add language in rule about the IAQR. A paragraph was added to the rule discussing the IAQR rule in relation to the NOx SIP Call .


[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35271-35272]
[FR Doc No: 2018-15921]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2017-0646; FRL-9980-27]

Agency Information Collection Activities; Proposed Renewal of an
Existing Collection (EPA ICR No. 0575.16); Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit an Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICR, entitled: ``Health and Safety Data Reporting, Submission of
Lists and Copies of Health and Safety Studies'' and identified by EPA
ICR No. 0575.16 and OMB Control No. 2070-0004, represents the renewal
of an existing ICR that is scheduled to expire on November 30, 2018.
Before submitting the ICR to OMB for review and approval, EPA is
soliciting comments on specific aspects of the proposed information
collection that is summarized in this document. The ICR and
accompanying material are available in the docket for public review and
comment.

DATES: Comments must be received on or before September 24, 2018.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2017-0646, 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 Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 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.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Andrea Mojica, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply
to?

    Title: Health and Safety Data Reporting, Submission of Lists and
Copies of Health and Safety Studies.
    ICR number: EPA ICR No. 0575.16.
    OMB control number: OMB Control No. 2070-0004.
    ICR status: This ICR is currently scheduled to expire on November
30, 2018. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: Section 8(d) of the Toxic Substances Control Act (TSCA)
and 40 CFR part 716 require manufacturers and processors of chemicals
to submit lists and copies of health and safety studies

relating to the health and/or environmental effects of certain chemical
substances and mixtures. In order to comply with the reporting
requirements of TSCA section 8(d), respondents must search their
records to identify any health and safety studies in their possession,
copy and process relevant studies, list studies that are currently in
progress, and submit this information to EPA.
    EPA uses this information to construct a complete picture of the
known effects of the chemicals in question, leading to determinations
by EPA of whether additional testing of the chemicals is required. The
information enables EPA to base its testing decisions on the most
complete information available and to avoid demands for testing that
may be duplicative. EPA will use information obtained via this
collection to support its investigation of the risks posed by chemicals
and, in particular, to support its decisions on whether to require
industry to test chemicals under section 4 of TSCA. This information
collection request addresses the reporting requirements found in TSCA
section 8(d).
    Responses to the collection of information are mandatory (see 40
CFR part 716). Respondents may claim all or part of a response
confidential. EPA will disclose information that is covered by a claim
of confidentiality only to the extent permitted by, and in accordance
with, the procedures in TSCA section 14 and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 11.0
hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by
this ICR are persons who manufacture, process, or distribute in
commerce chemical substances or mixtures, or who propose to do so.
    Estimated total number of potential respondents: 21.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent:
1.2.
    Estimated total annual burden hours: 302 hours.
    Estimated total annual costs: $24,435. This includes an estimated
burden cost of $24,435 and an estimated cost of $0 for capital
investment or maintenance and operational costs.

III. Are there changes in the estimates from the last approval?

    There is a decrease of 1,303 hours in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. This decrease reflects the realization that the
methodology used in the previous ICR overestimated the burden resulting
from the addition of chemicals to the TSCA section 8(d) rule. The ICR
supporting statement provides a detailed analysis of the change in
burden estimate. This change is an adjustment.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: July 16, 2018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2018-15921 Filed 7-24-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Rules and Regulations]
[Page 58504-58507]
[DOCID:fr16oc07-10]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28663; Directorate Identifier 2006-NM-223-AD;
Amendment 39-15221; AD 2007-21-03]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300-600 Series Airplanes;
and Model A310 Series Airplanes

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

ACTION: Final rule.

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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:
* * * * *

    * * * the FAA set-up in January 1999 an Ageing Transport Systems
Rulemaking Advisory Committee (ATSRAC) to investigate the potential
safety issues in aging aircraft as a result of wear and degradation
in their operating systems.
    Under this plan, all Holders of type Certificates aircraft are
required to conduct a design review, to preclude the occurrence of
potential unsafe conditions as the aircraft aged.
* * * * *

    The unsafe condition is degradation of the fuel system, which could
result in loss of the airplane. We are issuing this AD to require
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective November 20, 2007.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 20,
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
 or in person at the U.S. Department of Transportation,

Docket Operations, M-30, West Building, Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 10, 2007 (72 FR
37472). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    * * * the FAA issued in July 1996 an Aging Non-structural
Systems plan to address the White House Commission an Aviation
Safety and Security (WHCSS) report.
    To help fulfill the actions specified in this Aging Systems
plan, the FAA set-up in January 1999 an Ageing Transport Systems
Rulemaking Advisory Committee (ATSRAC) to investigate the potential
safety issues in aging aircraft as a result of wear and degradation
in their operating systems.
    Under this plan, all Holders of type Certificates aircraft are
required to conduct a design review, to preclude the occurrence of
potential unsafe conditions as the aircraft aged.
    Further to AIRBUS investigations on this subject, corrected
measures intended to improve the design of A310 and A300-600 fleet
against potential unsafe conditions as the aircraft aged, are
rendered mandatory by this AD.

    The unsafe condition is degradation of the fuel system, which could
result in loss of the airplane. The corrective actions include:
     Modify emergency power electrical routing.
     Inspect certain wire routes and do necessary corrective
action (repair chafed or burned wiring, damaged clamps, and introduce
self-vulcanizing silicone tape for wrapping the cable bundle at each
clamping position).
     Secure electrical routing.
     Relocate temperature sensors and modify wires.
    You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This 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 our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD affects
about 193 products of U.S. registry. We estimate that it takes about
267 work hours per product to comply with this AD. The average labor
rate is $80 per work-hour. Required parts cost about $17,637 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to be
$7,526,421, or $38,997 per product.

Authority for This Rulemaking

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

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.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 the NPRM, 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.

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:

2007-21-03 Airbus: Amendment 39-15221. Docket No. FAA-2007-28663;
Directorate Identifier 2006-NM-223-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November
20, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300-600 series airplanes;
and Model A310 series airplanes; certificated in any category; all
certified models, all serial numbers.

Subjects

    (d) Electrical Power, Hydraulic Power, and Pneumatic.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    * * * the FAA issued in July 1996 an Aging Non-structural
Systems plan to address the White House Commission an Aviation
Safety and Security (WHCSS) report.
    To help fulfill the actions specified in this Aging Systems
plan, the FAA set-up in January 1999 an Ageing Transport Systems
Rulemaking Advisory Committee (ATSRAC) to investigate the potential
safety issues in aging aircraft as a result of wear and degradation
in their operating systems.
    Under this plan, all Holders of type Certificates aircraft are
required to conduct a design review, to preclude the occurrence of
potential unsafe conditions as the aircraft aged.
    Further to AIRBUS investigations on this subject, corrected
measures intended to improve the design of A310 and A300-600 fleet
against potential unsafe conditions as the aircraft aged, are
rendered mandatory by this AD.
    The unsafe condition is degradation of the fuel system, which
could result in loss of the airplane. The corrective actions
include: Modify emergency power electrical routing; inspect certain
wire routes and do necessary corrective action (repair chafed or
burned wiring, damaged clamps, and introduce self-vulcanizing
silicone tape for wrapping the cable bundle at each clamping
position); secure electrical routing; and relocate temperature
sensors and modify wires.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For Model A310 series airplanes, having received Airbus
Modification 05911 and/or Airbus Modification 05910, or having
received application of Airbus Service Bulletin A310-24-2014 or
A310-24-2099 in service; and Model A300-600 series airplanes having
received in production Airbus Modification 06213, or having received
application of Airbus Service Bulletin A300-24-6008 (Airbus
Modification 06214) in service; except airplanes on which Airbus
Modification 10510 has been embodied in production or airplanes on
which Airbus Service Bulletin A310-24-2056, dated June 8, 1993;
Revision 1, dated November 28, 1994; or Revision 02, dated June 9,
2006; or Airbus Service Bulletin A300-24-6045, dated June 8, 1993;
Revision 1, dated June 2, 1994; Revision 2, dated August 11, 1994;
Revision 3, dated November 28, 1994; Revision 4, dated May 5, 1995;
or Revision 05, dated June 9, 2006; has been embodied in service:
Within 36 months after the effective date of this AD, modify the
emergency power electrical routing under floor at pressure seal
interface plates between FR (frame) 52 and FR53, in accordance with
the instructions given in Airbus Service Bulletin A310-24-2056,
Revision 02, dated June 9, 2006; or A300-24-6045, Revision 05, dated
June 9, 2006; as applicable.

    (2) For Model A310 series airplanes, manufacturing serial number
(MSN) 0162 up to 0706 included, and Model A300-600 series airplanes,
MSN 0252 up to 0794 included; except airplanes on which the one-time
detailed visual inspection in accordance with Airbus Service
Bulletin A310-24-2079, dated March 28, 2000; or Revision 01, dated
April 27, 2006; or Airbus Service Bulletin A300-24-6069, dated March
28, 2000; or Revision 01, dated April 27, 2006; has been performed
in service: Within 36 months after the effective date of this AD,
perform a one-time detailed visual inspection of the electrical
routes 1P and 2P between the rear panel 120VU (volt unit) and the
circuit breaker panel 800VU located in the forward compartment and
in case of finding, before further flight, repair chafed or burned
wiring, damaged clamps and introduce self-vulcanizing silicone tape
for wrapping the cable bundle of each clamping position, in
accordance with the instructions given in Airbus Service Bulletin
A310-24-2079, Revision 01, dated April 27, 2006; or Airbus Service
Bulletin A300-24-6069, Revision 01, dated April 27, 2006; as
applicable.
    (3) For Model A310 series airplanes, equipped with Eaton
(formerly Vickers) electrical pumps, except airplanes on which
Airbus Modification 10017 has been embodied in production or
airplanes on which Airbus Service Bulletin A310-29-2036, dated
August 10, 1992; Revision 1, dated December 16, 1992; Revision 2,
dated September 20, 1993; or Revision 03, dated June 9, 2006; have
been embodied in service: Within 36 months after the effective date
of this AD, secure the electrical routing 1P, 2P, and the hydraulic
line running to pump 11GE, in the hydraulic bay at FR54 by changing
the routes and by adding a spacer and a clamp to prevent any chafing
between them, in accordance with the instructions given in Airbus
Service Bulletin A310-29-2036, Revision 03, dated June 9, 2006.
    (4) For Model A310 series airplanes, except airplanes on which
Airbus Modification 06447 has been embodied in production or
airplanes on which Airbus Service Bulletin A310-36-2010, Revision 2,
dated September 26, 1989; or Revision 03, dated May 24, 2006; have
been embodied in service: Within 36 months after the effective date
of this AD, relocate the temperature sensors and modify the
associated wires in accordance with the instructions of Airbus
Service Bulletin A310-36-2010, Revision 03, dated May 24, 2006.
    (5) Actions done before the effective date of this AD in
accordance with any applicable service bulletin in Table 1 of this
AD are acceptable for compliance with the corresponding provisions
of paragraph (f) of this AD.

                           Table 1.--Acceptable Earlier Revisions of Service Bulletins
----------------------------------------------------------------------------------------------------------------
        Airbus service bulletin                Revision level                            Date
----------------------------------------------------------------------------------------------------------------
A300-24-6045...........................  Original..................  June 8, 1993.
                                         1.........................  June 2, 1994.
                                         2.........................  August 11, 1994.
                                         3.........................  November 28, 1994.
                                         4.........................  May 5, 1995.
A300-24-6069...........................  Original..................  March 28, 2000.
A310-24-2056...........................  Original..................  June 8, 1993.
                                         1.........................  November 28, 1994.
A310-24-2079...........................  Original..................  March 28, 2000.
A310-29-2036...........................  1.........................  December 16, 1992.
                                         2.........................  September 20, 1993.
A310-36-2010...........................  2.........................  September 26, 1989.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

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

Other FAA AD Provisions

    (g) 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: Tom
Stafford, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (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: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2006-0285R1,
dated November 13, 2006, and the Airbus Service Bulletins in Table 2
of this AD for related information.

                                       Table 2.--Airbus Service Bulletins
----------------------------------------------------------------------------------------------------------------
                                                  Revision
                Service bulletin                    level                            Date
----------------------------------------------------------------------------------------------------------------
A300-24-6045...................................          05  June 9, 2006.
A300-24-6069...................................          01  April 27, 2006.
A310-24-2056...................................          02  June 9, 2006.
A310-24-2079...................................          01  April 27, 2006.
A310-29-2036...................................          03  June 9, 2006.
A310-36-2010...................................          03  May 24, 2006.
----------------------------------------------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the service information specified in Table 3 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise. Airbus Service Bulletin A310-24-2014, Revision
7, dated January 17, 1990, contains the following effective pages:

----------------------------------------------------------------------------------------------------------------
                                                Revision level
                 Page number                     shown on page                  Date shown on page
----------------------------------------------------------------------------------------------------------------
1, 687-688, 858, 946, 1067-1068..............                 7  January 17, 1990.
2-2a, 8a-9, 11-16, 19-20, 671-686, 689-690,                   5  November 20, 1989.
 692, 694, 696, 698-699, 701-704, 707-710,
 714-715, 717-720, 724-729, 732-752, 754-834,
 837-849, 851-852, 855-857, 859-860, 863-874,
 877-882, 885-896, 903-928, 937-945, 947-980,
 987-990, 993-994, 997-1004, 1007-1016, 1023-
 1024, 1027-1030, 1033-1058, 1061-1062, 1065-
 1066, 1069-1082, 1085-1086, 1089-1100, 1103-
 1112, 1115-1116, 1118-1119, 1122-1127, 1129-
 1131.
3-7, 10, 17-18, 21, 23-92, 95-102, 109-117,                   2  September 22, 1986.
 119-122, 124-127, 129-131, 134-135, 137-140,
 142, 145-146, 149-151, 154-168, 172-174, 176-
 177a, 177f, 178-264, 266, 268, 270, 273-276,
 279-282, 287-292, 294, 303-322, 325-327, 329-
 335, 337-358, 361-362, 365-374, 377-395, 397-
 408, 411-432, 435-436, 439-446, 451-454, 457-
 458, 467-472, 477-478, 487-494, 497-504, 511-
 514, 517-522, 525-528, 533-542, 551-560, 563-
 572, 577-580, 583-608, 611-612, 614-616.
8, 103-104, 106-107, 133, 136, 141, 143-144,                  3  January 22, 1987.
 152, 169-171, 175, 177c-177e, 265, 271-272,
 277-278, 285-286, 293, 295-300, 323-324,
 328, 359-360, 363-364, 409-410, 447-450, 461-
 464, 473-476, 495-496, 505-506, 547-550, 573-
 574, 609-610, 613, 617-659, 662, 664-670.
22, 93-94a, 105, 108, 118, 123, 128, 132, 147-                4  March 30, 1987.
 148, 153-153b, 177b, 177g-177k, 267, 269,
 283-284, 301-302, 336-336b, 375-376, 396,
 433-434, 437-438, 455-456, 459-460, 465-466,
 479-486, 507-510, 515-516, 523-524, 529-532,
 543-546, 561-562, 575-576, 581-582, 660-661,
 663.
691, 693, 695, 697, 700, 705-706, 711-713,                    6  March 28, 1989.
 716, 721-723, 730-731, 753, 835-836, 850,
 853-854, 861-862a, 875-876, 883-884, 897-
 902, 929-936, 981-986, 991-992, 995-996,
 1005-1006, 1017-1022, 1025-1026, 1031-1032,
 1059-1060, 1063-1064, 1083-1084, 1087-1088,
 1101-1102, 1113-1114, 1117, 1120-1121, 1128.
----------------------------------------------------------------------------------------------------------------

    (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, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.

                                  Table 3.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                                                  Revision
            Airbus service bulletin                 level                            Date
----------------------------------------------------------------------------------------------------------------
A300-24-6045...................................          05  June 9, 2006.
A300-24-6069...................................          01  April 27, 2006.
A310-24-2014...................................           7  January 17, 1990.
A310-24-2056...................................          02  June 9, 2006.
A310-24-2079...................................          01  April 27, 2006.
A310-24-2099, including Appendices A, B, and C.          01  October 4, 2006.
A310-29-2036...................................          03  June 9, 2006.
A310-36-2010...................................          03  May 24, 2006.
----------------------------------------------------------------------------------------------------------------

    Issued in Renton, Washington, on September 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-20027 Filed 10-15-07; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: November 20, 2007 (Volume 72, Number 223)]
[Proposed Rules]
[Page 65227-65228]
[DOCID:fr20no07-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29334; Directorate Identifier 2006-NM-268-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330 Airplanes and A340-
200 and -300 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM); reopening of comment
period.

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

SUMMARY: This document announces a reopening of the comment period for
the above-referenced NPRM. The NPRM proposed the adoption of a new
airworthiness directive for certain Airbus Model A330 airplanes and
A340-200 and -300 series airplanes. That NPRM invites comments
concerning the proposed requirements for the inspection of the fuselage
to identify possible permanent skin repairs and permanent longitudinal
lap joint repairs and to apply the associated corrective actions. This
reopening of the comment period is necessary to provide additional
opportunity for public

comment on the proposed requirements of that NPRM.

DATES: We must receive comments on this proposed AD by December 20,
2007.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Airbus, 1
Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2797; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We proposed to amend 14 CFR part 39 with a
notice of proposed rulemaking (NPRM) for an AD for certain Airbus Model
A330 airplanes and A340-200 and -300 series airplanes. The NPRM was
published in the Federal Register on September 28, 2007 (72 FR 55108).
The NPRM proposed to require the inspection of the fuselage to identify
possible permanent skin repairs and permanent longitudinal lap joint
repairs and to apply the associated corrective actions. The NPRM action
invites comments on the overall regulatory, economic, environmental,
and energy aspects of the proposed AD.

Actions Since NPRM was Issued

    Since we issued the NPRM, the DOT's Docket Management System (DMS)
was replaced by the Federal Docket Management System (FDMS). FDMS is a
government-wide, electronic docket management system, which contains
the public dockets and is the method used for submitting comments on
the overall regulatory, economic, environmental, and energy aspects of
proposed rulemaking actions. However, due to the service disruption
caused by the transition from DOT's DMS to the FDMS, the docket
material was not posted on the FDMS until November 1, 2007. Therefore,
we have determined that the public was not provided adequate
opportunity to submit comments on the NPRM. As a result, we have
decided to reopen the comment period for 30 days to receive additional
comments.
    No part of the regulatory information has been changed; therefore,
the NPRM is not republished in the Federal Register.

Comments Due Date

    We must receive comments on this AD action by December 20, 2007.

    Issued in Renton, Washington, on November 8, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-22632 Filed 11-19-07; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: December 1, 2006 (Volume 71, Number 231)]
[Notices]
[Page 69604-69605]
[DOCID:fr01de06-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54816; File No. SR-NSCC-2006-09]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Order Approving Proposed Rule Change To Allow Cash, Next
Day, and Seller's Option Equity Trades To Be Processed in the
Continuous Net Settlement System and To Modify the Clearing Fund
Formula To Mitigate the Risk Associated With the Shorter Settlement
Cycle of Cash and Next Day Settling Trades

November 27, 2006.

I. Introduction

    On July 24, 2006, the National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-NSCC-2006-09 pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'').\1\
Notice of the proposal was published in the Federal Register on
September 29, 2006.\2\ The Commission received no comment letters. For
the reasons discussed below, the Commission is approving the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 54482 (September 22,
2006), 71 FR 57588.
---------------------------------------------------------------------------

II. Description

    NSCC seeks to modify its procedures for equity trade processing to
enable cash,\3\ next day,\4\ and seller's option \5\ equity trades
received on a locked-in basis from self-regulatory organizations
(``SROs'') and Qualified Special Representatives (``QSRs'') to be
processed in NSCC's Continuous Net Settlement (``CNS'') system.\6\ NSCC
is also proposing to add a new element to its clearing fund formula to
cover trades, such as cash and next day settling CNS trades, that
settle in less than three days.\7\
---------------------------------------------------------------------------

    \3\ A ``cash trade'' is a trade that settles on the same day as
the trade.
    \4\ A ``next day trade'' is a trade that settles on the day
after the trade (``T+1'').
    \5\ A ``seller's option trade'' is a trade that gives the seller
the right to deliver the securities on a specified date ranging from
not less than two but not more than 180 days after the trade.
    \6\ Cash and next day trades in debt securities are compared but
are not settled through NSCC. NSCC is not at this time seeking to
make such trades eligible for CNS.
    \7\ NSCC plans to implement the proposed rule change in the
first quarter of 2007. NSCC will notify the Commission and issue an
Important Notice when it is prepared to implement the proposed rule
change.
---------------------------------------------------------------------------

A. Cash, Next Day, and Seller's Option Equity Trades Processed in CNS

    Currently, cash, next day, and seller's option equity trades are
recorded or compared, as applicable, and are reported by NSCC to its
members but are not settled through NSCC's facilities. Instead these
trades currently settle on a trade-for-trade basis directly between
counterparties.
    When NSCC updated and revised CNS in 2004 (referred to as the ``CNS
Rewrite''), a major aspect included a new platform for the system that
accommodates real-time updates, including the capacity to add trades to
the settlement process on a real-time basis for late input into CNS
until noon of settlement day.\8\ At that time, rule changes were made
to permit as-of regular way equity trades, i.e., trades settling on a
T+3 basis that are either recorded or compared after trade date, to be
submitted to NSCC up to the cut-off time designated by NSCC on T+3 for
processing in CNS for settlement on their originally designated
settlement dates. Given the system's real-time capabilities, members
would now also like to have cash, next day, and seller's option equity
trades in CNS-eligible CUSIPS made eligible for processing in CNS. This
would provide members with the benefits of netting, automated trade
processing, and NSCC's trade guaranty. Accordingly, NSCC proposes to
amend its Procedure II (Trade Comparison and Recording Service) to
permit cash, next day, and seller's option equity transactions
submitted by SROs and QSRs on behalf of members to be processed for
settlement through the facilities of NSCC.
---------------------------------------------------------------------------

    \8\ Securities Exchange Act Release No. 50026 (July 15, 2004),
69 FR 43650 [File No. SR-NSCC-2004-01].
---------------------------------------------------------------------------

    Cash trades submitted after the cut-off time designated by NSCC,
which is currently 11:30 a.m., would only be recorded and reported by
NSCC and would, as is the current situation, have to be settled
directly between the parties outside of NSCC.\9\ Next day as-of trades
if received prior to the applicable cut-off time, would be processed
for settlement on their originally designated settlement date.\10\ If
such trades were received after the applicable cut-off time, the trade
would be assigned the next settlement day for settlement. Seller's
option equity trades would be accepted for processing so long as the
parties' designated settlement date is not more than 180 days beyond
the trade date. Finally, trades that are (i) designated ``special
trades,'' \11\ (ii) in non-CNS eligible securities, (iii) in securities
undergoing corporate actions, or (iv) scheduled to settle between the
ex-dividend date and the record date would continue to be processed on
a trade-for-trade basis outside NSCC's facilities.
---------------------------------------------------------------------------

    \9\ NSCC announced the 11:30 a.m. cut-off time in its Important
Notice A6220, P&S5790 (March 23, 2006), which is
the same as the current cut-off time for receipt of next day as-of
trade input. Any changes to the cut-off times would be announced by
NSCC through an Important Notice.
    \10\ Id.
    \11\ A ``special trade'' is defined in NSCC's rules to mean a
transaction reported to NSCC involving a security either which the
parties thereto agree to settle on a member-to-member basis or which
NSCC designates as settling on a member-to-member basis.
---------------------------------------------------------------------------

    Conforming changes as needed are also being made to Procedure IV
(Special Representative Service), Procedure V (Balance Order Accounting
Operation), and Procedure VII (CNS Accounting Operation).

B. Shortened Process Trade Component in the Clearing Fund Formula

    NSCC is also proposing to modify its clearing fund formula
(Procedure XV) by including an additional component that is intended to
mitigate the risk associated with trades that are processed on a
settlement cycle shorter than three days such as cash and next day
settling CNS trades. Because NSCC's trade guaranty would attach to
these trades prior to the scheduled collection of clearing fund monies,
the proposed new additional component is intended to mitigate risk by
calculating an average clearing fund requirement for this type of
activity (referred to in the proposed rules and this release as
``Specified Activity'') based upon historical activity.\12\
---------------------------------------------------------------------------

    \12\ This component is also being added to Appendix 1.
---------------------------------------------------------------------------

    Specified Activity positions would be isolated and a charge would
be applied using not less than two standard deviations. The new
component would equal the average of a member's charges for Specified
Activity on the three highest days with the Special Activity charges
calculated over the most recent

20-day period. Specified Activity includes cash trades, next day
settling trades, as-of trades compared or recorded on T+3 (including
trades received after the applicable T+2 cut-off time), and other
similar transactions.

III. Discussion

    Section 19(b) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization. Section 17A(b)(3)(F) of the Act requires that the rules
of a clearing agency be designed to promote the prompt and accurate
clearance and settlement of securities transactions and to assure the
safeguarding of securities and funds which are in its custody or
control or for which it is responsible.\13\ The Commission believes
that NSCC's rule change is consistent with this section because it
should facilitate the prompt and accurate clearance and settlement of
securities by expanding the types of trades eligible for inclusion in
settlement through CNS. In addition, the proposed rule change should
help assure the safeguarding of securities and funds in NSCC's custody
or control or for which it is responsible by enabling NSCC to more
accurately determine and collect collateral to cover the potential
additional exposures resulting from trades that are processed on a
settlement cycle shorter than three days.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular section 17A of the Act and the rules and regulations
thereunder.
    It is therefore ordered, pursuant to section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-NSCC-2006-09) be and hereby
is approved.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-20309 Filed 11-30-06; 8:45 am]

BILLING CODE 8011-01-P


Comment Info: =================

General Comment:Re: Request for Extension of Comment Period: Docket No. FDA-2014-N-0189

CheapEcigs LLC (http://cheapecigs.com) formally requests that the FDA extend the comment period for its proposed rule referenced above and commonly know as “Tobacco Deeming.”

We are a small company of less than 10 employees and sell electronic cigarette products exclusively via online sales.  Starting with our predecessor company - New Day Online Inc, we have allocated substantial resources (for our size) to this process.  We have previously met with OIRA on Dec 19, 2013, spending over 60 hours researching and preparing for that meeting, not to mention financial and time investment in travel.

We want to be part of this process, we feel we have an important perspective, and we want to get our comments “right.”  The proposed Regs are over 200 standard-pages long; intermix various issues between electronic cigarettes and cigars; and at times is quite confusing.  We have counted perhaps 140 questions for which FDA requests response.  All in, it is not an easy document to which a quick response can be written.

Response is burdensome on a company of our size - and we believe we can prudently allocate no more than 1 business hour per workday responding to these proposed regulations (10% of our working time).  We have easily already spent over 50 hours on our response, but still, we expect to put well over an additional 50 hours into our comments - we have something important to say.  Allocating more time for us to prepare a comprehensive response would greatly relieve the burden to complete a thoughtful response, and we believe not overtly cause delay of significant magnitude.  At an additional 5 hours per week, that would be an additional 10 weeks to complete our submission.

As such, CheapEcigs LLC respectfully requests that FDA extend the comment period by 105 days and agree to accept comments filed to the docket on or before October 22, 2014.


[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Rules and Regulations]
[Pages 8895-8900]
[FR Doc No: 2011-3400]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

 [EPA-HQ-OPP-2010-0275; FRL-8860-8]

Polymerized Fatty Acid Esters With Aminoalcohol Alkoxylates;
Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of polymerized fatty acid esters with
aminoalcohol alkoxylates (PFAEAA) with a minimum number average
molecular weight (in amu) 1,200, limited to the chemicals listed in
Unit 11 of the SUPPLEMENTARY INFORMATION, when used as an inert
ingredient (surfactant) under 40 CFR 180.910 (growing crops and raw
agricultural commodities after harvest) and 40 CFR 180.930 (animal
application). Croda Inc. submitted a petition to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an
exemption from the requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of PFAEAA.

DATES: This regulation is effective February 16, 2011. Objections and
requests for hearings must be received on or before April 18, 2011, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0275. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Deirdre Sunderland, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone

number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.gpoaccess.gov/ecfr. To access the harmonized test guidelines
referenced in this document electronically, please go to http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.''

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-2010-0275 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 18, 2011. 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 that does not contain any 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 a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2010-0275, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Petition for Exemption

    In the Federal Register of June 8, 2010 (75 FR 32463) (FRL-8827-5),
EPA issued a notice pursuant to section 408 of FFDCA, 21 U.S.C. 346a,
announcing the filing of a pesticide petition (PP 0E7699) by Croda
Inc., 315 Cherry Lane, New Castle, DE 19720. The petition requested
that 40 CFR 180.910 and 180.930 be amended by establishing an exemption
from the requirement of a tolerance for residues of polymerized fatty
acid esters with aminoalcohol alkoxylates (PFAEAA); limited to the
following chemicals: Dimethylaminoethanol, ethoxylated, reaction
products with fatty acid dimers (CAS Reg. No. 1173188-38-9);
dimethylaminoethanol, ethoxylated, propoxylated, reaction products with
fatty acid dimers (CAS Reg. No. 1173188-42-5 diethylaminoethanol,
ethoxylated, reaction product with fatty acid dimers (CAS Reg. No.
1173188-72-1); diethylaminoethanol, ethoxylated, propoxylated, reaction
products with fatty acid dimers (CAS Reg. No. 1173188-75-4);
dimethylaminoethanol, ethoxylated, reaction products with fatty acid
trimers (CAS Reg. No. 1173188-49-2); dimethylaminoethanol, ethoxylated,
propoxylated, reaction products with fatty acid trimers (CAS Reg. No.
1173188-67-4); diethylaminoethanol, ethoxylated, reaction products with
fatty acid trimers (CAS Reg. No. 1173188-81-2); diethylaminoethanol,
ethoxylated, propoxylated, reaction products with fatty acid trimers
(CAS Reg. No. 1173188-83-4); hydroxyethylmorpholine, ethoxylated,
reaction products with fatty acid dimers (CAS Reg. No. 1173189-00-8);
hydroxyethylmorpholine, ethoxylated, propoxylated, reaction products
with fatty acid dimers (CAS Reg. No. 1173189-06-4);
hydroxyethylpiperidine, ethoxylated, reaction products with fatty acid
dimers (CAS Reg. No. 1173189-20-2); hydroxyethylpiperidine,
ethoxylated, propoxylated, reaction products with fatty acid dimers
(CAS Reg. No. 1173189-22-4); hydroxyethylmorpholine, ethoxylated,
reaction products with fatty acid trimers (CAS Reg. No. 1173189-09-7);
hydroxyethylmorpholine, ethoxylated, propoxylated, reaction products
with fatty acid trimers (CAS Reg. No. 1173189-17-7);
hydroxyethylpiperidine, ethoxylated, reaction products with fatty acid
trimers (CAS Reg. No. 1173189-25-7); hydroxyethylpiperidine,
ethoxylated, propoxylated, reaction products with fatty acid trimers
(CAS Reg. No. 1173189-28-0), when used as insert ingredients
(surfactants) in pesticide formulations applied to growing crops or to
raw agricultural commodities after harvest and formulations applied to
animals. That notice referenced a summary of the petition prepared by
Croda Inc., the petitioner, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the
notice of filing. In the notice of filing ``dimethylaminoethanol,
ethoxylated, propoxylated, reaction products with fatty acid trimers''
was presented with the incorrect CAS Reg. No. of 1173189-17-7. The
Petitioner mistakenly listed the same CAS Reg. No. for two of the
chemicals in the petition. The correct CAS Reg. No. for
dimethylaminoethanol, ethoxylated, propoxylated, reaction products with
fatty acid trimers is CAS Reg. No. 1173188-67-4. EPA has adopted the
correct CAS Reg. No. in promulgating the tolerance exemption.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and

hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. * * *'' EPA establishes exemptions from the requirement of a
tolerance only in those cases where it can be clearly demonstrated that
the risks from aggregate exposure to pesticide chemical residues under
reasonably foreseeable circumstances will pose no appreciable risks to
human health. In order to determine the risks from aggregate exposure
to pesticide inert ingredients, the Agency considers the toxicity of
the inert in conjunction with possible exposure to residues of the
inert ingredient through food, drinking water, and through other
exposures that occur as a result of pesticide use in residential
settings. If EPA is able to determine that a finite tolerance is not
necessary to ensure that there is a reasonable certainty that no harm
will result from aggregate exposure to the inert ingredient, an
exemption from the requirement of a tolerance may be established.
    Consistent with section 408(c)(2)(A) of FFDCA, and the factors
specified in FFDCA section 408(c)(2)(B), 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 PFAEAA including exposure
resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with PFAEAA follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. The acute oral median lethal dose (LD50) for one
of the chemicals, (diethylaminoethanol, ethoxylated, reaction products
with fatty acid trimers (CAS Reg. No. 1173188-81-2)) which has been
used to represent the group of petitioned chemicals, was determined to
be > 2,000 milligrams/kilogram (mg/kg) (Harmonized Test Guideline
870.1100). In a non-guideline study used for supplemental purposes, the
chemical was shown to be non-irritating to both skin and eyes. A
reverse mutation assay ``Ames Test'' with and without activation
(Harmonized Test Guideline 870.5100) indicated that PFAEAA are non-
mutagenic.
    In addition, the Agency has established a set of criteria to
identify categories of polymers expected to present minimal or no risk
to human health or the environment (i.e. 40 CFR 180.960). The
definition of a polymer is given in 40 CFR 723.250(b) and the exclusion
criteria for identifying these low-risk polymers are described in 40
CFR 723.250(d). PFAEAA conforms to the definition of a polymer given in
40 CFR 723.250(b) and meets all of the following criteria, with the
exception of the ``reactive functional group'' criterion (specified in
40 CFR 723.250(e) in this Unit), that are used to identify low-risk
polymers.
    1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymer does contain as an integral part of its composition
the atomic elements carbon, hydrogen, and oxygen.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.
    Additionally, in order to meet the low risk polymer criteria, the
polymer also meets as required the exemption criteria specified in 40
CFR 723.250(e) regarding minimum MW and reactive functional groups. The
polymer's number average MW of 1,200 is greater than 1,000 and less
than 10,000 daltons, as required by 40 CFR 723.250(e). Further, the
polymer meets the 40 CFR 723.250(e) requirement that it contain less
than 10% oligomeric material below MW 500 and less than 25% oligomeric
material below MW 1,000. This subsection also states that the polymer
may not contain any reactive functional groups. PFAEAA contain one
tertiary amine which makes it ineligible for registration under 40 CFR
180.960; however, the Agency believes that these reactive functional
groups are not a safety concern for humans because information provided
by the petitioner indicates that the polymer exists in a zwitterionic
form in which the tertiary amine nitrogen is internally protonated and
not available for further covalent bonding. Additionally, the structure
of the polymer and its conformation appear to reduce the compound's
basicity and nucleophilicity. This is further supported by a
measurement of the isoelectric point (pI) of the polymer.
    Available toxicity studies are limited. However, due to their large
size (minimum number average molecular weight 1,200 amu) and the
general conformance to the 40 CFR 180.960, polymerized fatty acid
esters with aminoalcohol alkoxylates are not expected to pass through
an intact gastrointestinal tract nor are they anticipated to penetrate
intact human skin. Inhalation exposure is not expected. Because of
their inability to enter systemic circulation when used as inert
ingredients in pesticide formulation PFAEAA are essentially nontoxic.
Therefore, the Agency concluded that a standard battery of
toxicological studies are not necessary.

B. Toxicological Points of Departure/Levels of Concern

    Due to its low potential hazard and lack of a hazard endpoint, the
Agency has determined that a quantitative risk assessment using safety
factors applied to a point of departure protective of an identified
hazard endpoint is not appropriate.
    A reverse mutation assay ``Ames Test'' with and without activation
(Harmonized Test Guideline 870.5100) indicated that a representative
chemical, diethylaminoethanol, ethoxylated, reaction products with
fatty acid trimers (CAS Reg. No. 1173188-81-2), is non-mutagenic and
based on the available information on PFAEAAs; they are not anticipated
to be carcinogenic.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses and drinking water. In
evaluating dietary exposure to PFAEAA, EPA considered exposure under
the proposed exemption from the requirement of a tolerance. The primary
route of exposure to PFAEAA from its use as an inert ingredient in
pesticide products would most likely be through consumption of food to
which pesticide products containing it have been applied, and possibly
through drinking water (from runoff). Due to their physical and
chemical properties it is unlikely that PFAEAA will pass through an
intact gastrointestinal tract or intact human skin and are therefore,
unlikely to enter systemic circulation. Because no hazard was
identified for PFAEAA, a dietary exposure assessment for PFAEAA was not
conducted.
    2. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables).
    The proposed exemption will allow for various types of residential
exposure; however, due to the characteristics of these chemicals it is
not expected that PFAEAA will be absorbed through the intact
gastrointestinal tract or intact human skin nor is it expected to be
available via inhalation. Therefore, there is no increased risk from
exposure to residential products containing PFAEAA as an inert
ingredient. For that reason the Agency believes a residential risk
assessment is not necessary.
    3. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    EPA has not found PFAEAA to share a common mechanism of toxicity
with any other substances, and PFAEAA does not appear to produce a
toxic metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that PFAEAA does not have
a common mechanism of toxicity with other substances. For information
regarding EPA's efforts to determine which chemicals have a common
mechanism of toxicity and to evaluate the cumulative effects of such
chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    Due to large size of the PFAEAA polymers it is unlikely that they
will enter systemic circulation from either the gastrointestinal tract
or intact human skin. As a result, they are unlikely to elicit a toxic
response in infants and children when used as an inert ingredient in
pesticide products. Available toxicity studies confirm this belief and
indicate low toxicity; therefore, the Agency did not use a safety
factor (SF) analysis for assessing risk. For similar reasons, the
additional SF for the protection of infants and children is not
necessary.

E. Aggregate Risks and Determination of Safety

    As indicated in Unit IV, these nonirritant (eye and skin) inert
ingredients would be incapable of entering systemic circulation and
therefore, unable to elicit a toxic response in adults and infants/
children. Taking into consideration all available information on
PFAEAA, EPA has determined that there is a reasonable certainty that no
harm to any population subgroup will result from aggregate exposure to
PFAEAA under reasonable foreseeable circumstances. Therefore, the
establishment of an exemption from tolerance under 40 CFR 180.910 and
180.930 for residues of PFAEAA when used as an inert ingredient in
pesticide formulations applied to growing crops or to raw agricultural
commodities after harvest and formulations applied to animals are safe
under FFDCA section 408.

 V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

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 U.N. 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 PFAEAA.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.910 and 40 CFR 180.930 for the petitioned-
for PFAEAA chemicals when used as an inert ingredient (surfactant) in
pesticide formulations applied to growing crops or to raw agricultural
commodities after harvest and formulations applied to animals.

VII. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule 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) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any

information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., 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 section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule 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 section 408(n)(4) of FFDCA. 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 final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VIII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: February 7, 2011.
Lois Rossi,
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.  180.910, the table is amended by adding alphabetically the
following inert ingredients to read as follows:

Sec.  180.910  Inert ingredients used pre-natal and post-harvest;
exemptions from the requirement of a tolerance.

* * * * *

----------------------------------------------------------------------------------------------------------------
             Inert ingredients                             Limits                             Uses
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Diethylaminoethanol, ethoxylated, reaction   .................................  Surfactant.
 product with fatty acid dimers, minimum
 number average molecular weight (in amu),
 1,200 (CAS Reg. No. 1173188-72-1).
Diethylaminoethanol, ethoxylated,            .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid dimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173188-75-4).
Diethylaminoethanol, ethoxylated, reaction   .................................  Surfactant.
 products with fatty acid trimers, minimum
 number average molecular weight (in amu),
 1,200 (CAS Reg. No. 1173188-81-2).
Diethylaminoethanol, ethoxylated,            .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid trimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173188-83-4).

                                                  * * * * * * *
Dimethylaminoethanol, ethoxylated, reaction  .................................  Surfactant.
 products with fatty acid dimers, minimum
 number average molecular weight (in amu),
 1,200 (CAS Reg. No. 1173188-38-9).
Dimethylaminoethanol, ethoxylated,           .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid dimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173188-42-5).
Dimethylaminoethanol, ethoxylated, reaction  .................................  Surfactant.
 products with fatty acid trimers, minimum
 number average molecular weight (in amu),
 1,200 (CAS Reg. No. 1173188-49-2).
Dimethylaminoethanol, ethoxylated,           .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid trimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173188-67-4).

                                                  * * * * * * *
Hydroxyethylmorpholine, ethoxylated,         .................................  Surfactant.
 reaction products with fatty acid dimers,
 minimum number average molecular weight
 (in amu), 1,200 (CAS Reg. No. 1173189-00-
 8).
Hydroxyethylmorpholine, ethoxylated,         .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid dimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173189-06-4).
Hydroxyethylpiperidine, ethoxylated,         .................................  Surfactant.
 reaction products with fatty acid dimers,
 minimum number average molecular weight
 (in amu), 1,200 (CAS Reg. No. 1173189-20-
 2).
Hydroxyethylpiperidine, ethoxylated,         .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid dimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173189-22-4.
Hydroxyethylmorpholine, ethoxylated,         .................................  Surfactant.
 reaction products with fatty acid trimers,
 minimum number average molecular weight
 (in amu), 1,200 (CAS Reg. No. 1173189-09-
 7).
Hydroxyethylmorpholine, ethoxylated,         .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid trimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173189-17-7).

Hydroxyethylpiperidine, ethoxylated,         .................................  Surfactant.
 reaction products with fatty acid trimers,
 minimum number average molecular weight
 (in amu), 1,200 (CAS Reg. No. 1173189-25-
 7).
Hydroxyethylpiperidine, ethoxylated,         .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid trimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173189-28-0).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. In Sec.  180.930, the table is amended by adding alphabetically the
following inert ingredients to read as follows:

Sec.  180.930  Inert ingredients applied to animals; exemptions from
the requirement of a tolerance.

----------------------------------------------------------------------------------------------------------------
             Inert ingredients                             Limits                             Uses
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Diethylaminoethanol, ethoxylated, reaction   .................................  Surfactant.
 product with fatty acid dimers, minimum
 number average molecular weight (in amu),
 1,200 (CAS Reg. No. 1173188-72-1).
Diethylaminoethanol, ethoxylated,            .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid dimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173188-75-4).
Diethylaminoethanol, ethoxylated, reaction   .................................  Surfactant.
 products with acid trimers, minimum number
 average molecular weight (in amu), 1,200
 (CAS Reg. No. 1173188-81-2).
Diethylaminoethanol, ethoxylated,            .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid trimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173188-83-4).

                                                  * * * * * * *
Dimethylaminoethanol, ethoxylated, reaction  .................................  Surfactant.
 products with fatty acid trimers, minimum
 number average molecular weight (in amu),
 1,200 (CAS Reg. No. 1173188-38-9).
Dimethylaminoethanol, ethoxylated,           .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid dimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173188-42-5).
Dimethylaminoethanol, ethoxylated, reaction  .................................  Surfactant.
 products with fatty acid trimers, minimum
 number average molecular weight (in amu),
 1,200 (CAS Reg. No. 1173188-49-2).
Dimethylaminoethanol, ethoxylated,           .................................  Surfactant.
 propoxylated reaction products with fatty
 acid trimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173188-67-4 ).

                                                  * * * * * * *
Hydroxyethylmorpholine, ethoxylated,         .................................  Surfactant.
 reaction products with fatty acid dimers,
 minimum number average molecular weight
 (in amu), 1,200 (CAS Reg. No. 1173189-00-
 8).
Hydroxyethylmorpholine, ethoxylated,         .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid dimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173189-06-4).
Hydroxyethylpiperidine, ethoxylated,         .................................  Surfactant.
 reaction products with fatty acid dimers,
 minimum number average molecular weight
 (in amu), 1,200 (CAS Reg. No. 1173189-20-
 2).
Hydroxyethylpiperidine, ethoxylated,         .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid dimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173189-22-4).
Hydroxyethylmorpholine, ethoxylated,         .................................  Surfactant.
 reaction products with fatty acid trimers,
 minimum number average molecular weight
 (in amu), 1,200 (CAS Reg. No. 1173189-09-
 7).
Hydroxyethylmorpholine, ethoxylated,         .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid trimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173188-67-4).
Hydroxyethylpiperidine, ethoxylated,         .................................  Surfactant.
 reaction products with fatty acid trimers,
 minimum number average molecular weight
 (in amu), 1,200 (CAS Reg. No. 1173189-25-
 7).
Hydroxyethylpiperidine, ethoxylated,         .................................  Surfactant.
 propoxylated, reaction products with fatty
 acid trimers, minimum number average
 molecular weight (in amu), 1,200 (CAS Reg.
 No. 1173189-28-0).

                                                  * * * * * * *
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