[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Notices]
[Page 20183]
[FR Doc No: 2021-07767]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3555-EM; Docket ID FEMA-2021-0001]

Oklahoma; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of Oklahoma (FEMA-3555-EM), dated February 17,
2021, and related determinations.

DATES: The declaration was issued February 17, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated February 17, 2021, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in the State of
Oklahoma resulting from a severe winter storm beginning on February
8, 2021, and continuing, are of sufficient severity and magnitude to
warrant an emergency declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(``the Stafford Act''). Therefore, I declare that such an emergency
exists in the State of Oklahoma.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B) for mass care and sheltering and direct Federal
assistance under the Public Assistance program.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Adam D.
Burpee, of FEMA is appointed to act as the Federal Coordinating Officer
for this declared emergency.
    The following areas of the State of Oklahoma have been designated
as adversely affected by this declared emergency:

    Emergency protective measures (Category B) for mass care and
sheltering and direct federal assistance under the Public Assistance
program for all 77 counties in the State of Oklahoma.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-07767 Filed 4-15-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Notices]
[Page 58293-58294]
[DOCID:fr06oc08-144]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Land at
Nenana Airport, Nenana, AK

AGENCY: Federal Aviation Administration, Department of Transportation.

ACTION: Notice of Request to Release Airport Land.

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SUMMARY: The Federal Aviation Administration (FAA) proposes to rule and
invites public comment on the release of approximately 15.61 acres of
airport property at Nenana Airport, Nenana, Alaska, from all
restrictions of the surplus property agreement since the parcel of land
is not needed for airport purposes. Reuse of the land for Alaska Rail
Road track straightening represents a compatible land use. Sale of the
property to the Alaska Rail Road at the appraised fair market value
will

be used to pay legal fees incurred during recent airport improvements.
The property is not needed for airport purposes and reinvestment of the
sale proceeds will benefit the airport and the interests of civil
aviation.

DATES: November 5, 2008.

ADDRESSES: Comments on this application may be mailed or delivered in
triplicate to the FAA at the following address: Federal Aviation
Administration, Airports Division, Federal Register Comment, 222 West
7th Avenue 14, Anchorage, AK 99513. In addition, one copy of
the comment submitted to the FAA must be mailed or delivered to Mr.
Jason P. Maynard, Mayor/Administrator, Nenana Port Authority, City of
Nenana, P.O. Box 70 Nenana, Alaska 99760.

FOR FURTHER INFORMATION CONTACT: Stephen W. Powell, Airports Compliance
Officer, Federal Aviation Administration, Airports Division, 222 West
7th Avenue 14, Anchorage, AK 99513, telephone<PHONE_NUMBER>
and FAX<PHONE_NUMBER>. For airport-specific information regarding the
release, contact Mr. Jason P. Maynard, Mayor/Administrator, at the
above address or telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR 21),
Public Law 10-181 (Apr. 5, 2000; 114 Stat. 61), this notice must be
published in the Federal Register 30 days before the Secretary may
waive any condition imposed on a federally obligated airport by surplus
property conveyance deeds.
    The following is a brief overview of the request:
    The City of Nenana, Alaska requested a release from surplus
property agreement obligations, described in a Quit Claim Deed executed
by the General Services Administration (GSA), recorded in Book Volume
III Page 210 Nenana Recording District for approximately 15.61 acres of
airport land. The property is only a portion of the Surplus Property
granted and located on the North boundary of the airport. The land is
presently unused, unimproved, and does not generate any income. Due to
its location, the property cannot be used for airport purposes nor has
it generated revenue for the airport. The release will allow the land
to be sold to the Alaska Rail Road Corporation, Alaska to realign a
section of railroad track that passes through the community of Nenana,
Alaska. The property will be sold at the appraised market value and the
sale proceeds will be used to pay off legal fees incurred in the latest
airport improvement and development project. Reuse of the property to
straighten tracks will be compatible with the airport and the reuse of
the sale proceeds will benefit the airport, thereby serving the
interests of civil aviation.

    Issued in Anchorage, Alaska, on September 3, 2008.
James W. Lomen,
Deputy Division Manager, Airports Division, Alaska Region.
[FR Doc. E8-23563 Filed 10-3-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Pages 63918-63919]
[FR Doc No: 2011-26572]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR12-3-000]

Tesoro Refining and Marketing Company v. SFPP, L.P.; Notice of
Complaint

    Take notice that on October 5, 2011, pursuant to Rule 206 of the
Rules of Practice and Procedure of the Federal Energy Regulatory
Commission (Commission), 18 CFR 385.206; the Procedural Rules
Applicable to Oil Pipeline Proceedings, 18 CFR 343.2; and section 1(13)
of the Interstate Commerce Act (ICA), 49 U.S.C. App. 13(1), Tesoro
Refining and Marketing Company (Complainant) filed a formal complaint
against SFPP L.P. (Respondent), challenging the lawfulness of the
indexed increases in ceiling rates filed by the Respondent on September
20, 2011 in Docket No. IS11-585-000 and alleging that the Respondent
will violate the ICA by applying the increased ceiling rates which are
unjust and unreasonable for the Respondent's jurisdictional interstate
service.
    The Complainant stated that copies of the complaint have been
served on the Respondent as listed on the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 26, 2011.

    Dated: October 6, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-26572 Filed 10-13-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Notices]
[Page 14245]
[FR Doc No: 2014-05522]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-1397-000]

Storm Lake Power Partners II, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Storm Lake Power Partners II, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 27, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 7, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-05522 Filed 3-12-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Rules and Regulations]
[Pages 8513-8516]
[FR Doc No: 2015-02697]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0484; Directorate Identifier 2013-NM-245-AD;
Amendment 39-18101; AD 2015-03-05]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2012-09-07 for
certain Airbus Model A319-111, -112, and -132 airplanes; Model A320-
111, -211, -212, -214, and -232 airplanes; and Model A321-111, -211, -
212, and -231 airplanes. AD 2012-09-07 required an electrical bonding
test between the gravity fill re-fuel adaptor and the top skin panels
on the wings; and, if necessary, an inspection for corrosion of the
component interface and adjacent area; and repairing the gravity fuel
adaptor if necessary. This new AD adds airplanes to the applicability
and requires inspecting those airplanes to determine if a repair was
done, and doing the electrical bonding test and corrective action if
necessary. This AD was prompted by a determination that more airplanes
are

subject to the identified unsafe condition. We are issuing this AD to
detect and correct corrosion and improper bonding, which, in
combination with a lightning strike in this area, could create a source
of ignition in a fuel tank, resulting in a fire or explosion and
consequent loss of the airplane.

DATES: This AD becomes effective March 25, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 25,
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0484; or in person at the
Docket 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.
    For service information identified in this AD, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0484.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2012-09-07, Amendment 39-17042 (77 FR 28238,
May 14, 2012). AD 2012-09-07 applied to certain Airbus Model A319-111,
-112, and -132 airplanes; Model A320-111, -211, -212, -214, and -232
airplanes; and Model A321-111, -211, -212, and -231 airplanes. The NPRM
published in the Federal Register on July 30, 2014 (79 FR 44144).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2013-0277R1, dated December 4, 2013 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A318-111, -112, -121, and -122 airplanes; Model A319-111, -112, -113, -
114, -115, -131, -132, and -133 airplanes; Model A320-111, -211, -212,
-214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. The MCAI states:

    Cases of corrosion findings were reported on the overwing
refueling aperture (used to fill the fuel tank by gravity) on the
wing top skin. The reported corrosion was on the mating surface of
the aperture flange, underneath the refuel adaptor. Corrosion
findings have been repaired on a case by case basis in accordance
with approved data.
    For certain aeroplanes, the repair provided by Airbus contained
instructions to apply primer coating on the mating surface. Since
doing those repairs, it has been found that this primer coating may
prevent proper electrical bonding provision between the overwing
refueling cap adaptor and the wing skin.
    This condition, if not detected and corrected, could, in
combination with a lightning strike in this area, create a source of
ignition in a fuel tank, possibly resulting in a fire or explosion
and consequent loss of the aeroplane.
    To address this potential unsafe condition, EASA issued AD 2011-
0034 [http://ad.easa.europa.eu/blob/easa_ad_2011_0034.pdf/AD_2011-0034] to require a one-time electrical bonding check between the
gravity fill re-fuel adaptor and the top skin panels on the affected
aeroplanes (identified by MSN [manufacturer serial number] in the
applicability section of that [EASA] AD) and, in case of findings,
the accomplishment of applicable corrective actions.
    Since that [EASA] AD was issued, EASA has been made aware that
some operators may inadvertently have applied an Airbus repair,
approved for only one aeroplane MSN, to other aeroplanes, without
requesting a revision of the repair to add aeroplanes, or to notify
Airbus of such action(s). Consequently, the condition addressed by
EASA AD 2011-0034 could affect more aeroplanes than initially
determined.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2011-0034, which is superseded, and expands
the Applicability to all A320 family aeroplane Models, all MSN.
    This [EASA] AD has been revised to amend and clarify paragraph
(3), and to correct an error in the Type/Model designations on page
1, where the A318 was inadvertently omitted.

For the newly added airplanes, required actions include inspecting for
the presence of a corrosion repair on an overwing refueling aperture,
and doing the electrical bonding test and applicable corrective actions
if a repair has been installed. You may examine the MCAI in the AD
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0484-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM (79 FR
44144, July 30, 2014) and the FAA's response to the comment.

Request To Include Revised Service Information

    United Airlines (UAL) asked that we include a statement in the NPRM
(79 FR 44144, July 30, 2014), which allows performing the required
actions in accordance with the instructions of Airbus Service Bulletin
A320-57-1152, Revision 01, dated December 19, 2013. UAL stated that the
revised service information specifies the same method of inspection as
specified in Airbus Service Bulletin A320-57-1152, dated June 14, 2010.
UAL further stated that Revision 01 of this service bulletin also
provides operators with updated repair instructions that were not
available in the original issue of this service bulletin.
    We agree with the commenter's request. Since issuance of the NPRM
(79 FR 44144, July 30, 2014), Airbus has issued Service Bulletin A320-
57-1152, Revision 01, dated December 19, 2013. This revision states
that no additional work is necessary on airplanes changed in accordance
with Airbus Service Bulletin A320-57-1152, dated June 14, 2010, which
was specified as the appropriate source of service information in the
NPRM (79 FR 44144, July 30, 2014).
    We have changed paragraph (g) of this AD to specify Airbus Service
Bulletin A320-57-1152, Revision 01, dated December 19, 2013. We have
also added a new paragraph (h) to this AD to give credit for actions
done before the effective date of this AD using Airbus Service Bulletin
A320-57-1152, dated June 14, 2010, and redesignated subsequent
paragraphs accordingly.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 44144, July 30, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already

proposed in the NPRM (79 FR 44144, July 30, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-57-1152, Revision 01, dated
December 19, 2013. The service information describes procedures for
inspecting certain airplanes to determine if a repair was done, and
doing an electrical bonding test and corrective action if necessary.
This service information is reasonably available; see ADDRESSES for
ways to access this service information.

Costs of Compliance

    We estimate that this AD affects 851 airplanes of U.S. registry.
    The actions required by AD 2012-09-07, Amendment 39-17042 (77 FR
28238, May 14, 2012), and retained in this AD take about 2 work-hours
per product, at an average labor rate of $85 per work-hour. Based on
these figures, the estimated cost of the actions that were required by
AD 2012-09-07 is $170 per product.
    We also estimate that it takes about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts cost about $0 per product. Based
on these figures, we estimate the cost of this AD on U.S. operators to
be $144,670, or $170 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 11 work-hours, for a cost of $935 per product. We have no
way of determining the number of aircraft that might need these
actions.

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 that 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; 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0484; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2012-09-07, Amendment 39-17042 (77 FR 28238, May 14, 2012), and adding
the following new AD:

2015-03-05 Airbus: Amendment 39-18101. Docket No. FAA-2014-0484;
Directorate Identifier 2013-NM-245-AD.

(a) Effective Date

    This AD becomes effective March 25, 2015.

(b) Affected ADs

    This AD replaces AD 2012-09-07, Amendment 39-17042 (77 FR 28238,
May 14, 2012).

(c) Applicability

    (1) This AD applies to Airbus Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232,
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes; certificated in any category; all
manufacturer serial numbers, except airplanes identified in
paragraph (c)(2) of this AD.
    (2) Airplanes that have been delivered from production with
Airbus Modification 38209 (Removal of the Outer Wing Refueling
Aperture) incorporated, and without Airbus Modification 38206 (Re-
introduction of the Outer Wing Refueling Aperture) incorporated, are
not affected by the requirements of this AD.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that more airplanes are
subject to the identified unsafe condition. We are issuing this AD
to detect and correct corrosion and improper bonding, which, in
combination with a lightning strike in this area, could create a
source of ignition in a fuel tank, resulting in a fire or explosion
and consequent loss of the airplane.

(f) Compliance

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

(g) Retained Electrical Bonding Test, and General Visual Inspection if
Necessary, With Changes

    This paragraph restates the requirements of paragraph (g) of AD
2012-09-07, Amendment 39-17042 (77 FR 28238, May 14, 2012), with
revised repair approval language and revised service information.
For Model A319-111, -112, and -132 airplanes; Model A320-111, -211,
-212, -214 and -232 airplanes; and Model A321-111, -211, -212, and -
231 airplanes; certificated in any category; having manufacturer
serial numbers 0039, 0078, 0109, 0118, 0120, 0153, 0174, 0187, 0203,
0215, 0218, 0226, 0227, 0228, 0236, 0237, 0269, 0270, 0278, 0285,
0286, 0287, 0288, 0294, 0301, 0337, 0377, 0462, 0463, 0464, 0465,
0520, 0523, 0528, 0876, 0888, 0921, 0935, 0974, 1014, 1102, 1130,
1160, 1162, 1177, 1215, 1250, 1287, 1336, 1388, 1404, 1444, 1449,
1476, 1505, 1524, 1564, 1605, 1616, 1622, 1640, 1645, 1658, 1677,
1691, 1729, and 1905: Within 24 months after June 18, 2012 (the
effective date of AD 2012-09-07), do an electrical bonding

test to check for bonding between the re-fuel adaptor of the gravity
fill and the top skin panels on the left-hand and right-hand wings,
in accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-57-1152, Revision 01, dated December 19, 2013.
    (1) If the resistance value is 10 milliohms or less at the left-
hand and right-hand wing, no further action is required by this
paragraph.
    (2) If the resistance value is greater than 10 milliohms at the
left-hand or right-hand wing, before further flight, do a general
visual inspection for corrosion of the component interface and
adjacent area, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-57-1152, Revision 01, dated December
19, 2013. If any corrosion is found during the inspection, before
further flight, repair the gravity fill fuel adaptor, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A320-57-1152, Revision 01, dated December 19, 2013; except where
Airbus Service Bulletin A320-57-1152, Revision 01, dated December
19, 2013, specifies to contact Airbus, before further flight, repair
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Airbus Service Bulletin A320-57-
1152, dated June 14, 2010, which was incorporated by reference in AD
2012-09-07, Amendment 39-17042 (77 FR 28238, May 14, 2012).

(i) New Requirement of This AD: Maintenance Check/Electrical Bonding
Test and Corrective Action if Necessary

    For airplanes other than those identified in paragraph (g) of
this AD: Within 24 months after the effective date of this AD,
determine whether a corrosion repair has been done on an overwing
refueling aperture, whereby a primer coating has been applied on the
mating surface of the aperture flange. A review of the airplane
maintenance records is acceptable to make this determination,
provided that whether a primer coat was applied can be conclusively
determined from that review.
    (1) If it is determined that a primer coating was applied on the
mating surface of the aperture flange; or if a determination cannot
be made, or the outcome is inconclusive: Within 24 months after the
effective date of this AD do the electrical bonding test specified
in paragraph (g) of this AD, and before further flight, do all
applicable actions specified in paragraph (g)(2) of this AD.
    (2) If it is determined that a corrosion repair has not been
done, and a primer coating has not been applied on the mating
surface of the aperture flange since first entry into service, no
further action is required by this paragraph.

(j) Corrosion Repair Provision

    As of the effective date of this AD, any corrosion repair done
on an overwing refueling aperture on any airplane must comply with
the repair requirements of paragraph (g)(2) of this AD.

(k) Other FAA AD Provisions

    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. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (ii) AMOCs approved previously for AD 2012-09-07, Amendment 39-
17042 (77 FR 28238, May 14, 2012), are approved as AMOCs for the
corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0277R1, dated December 4,
2013, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0484-0002.
    (2) Service information identified in this AD that is not
incorporated by reference in this AD is available at the addresses
specified in paragraphs (m)(4) and (m)(5) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A320-57-1152, Revision 01, dated
December 19, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 4, 2015.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-02697 Filed 2-17-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Rules and Regulations]
[Pages 38957-38959]
[FR Doc No: 2018-16509]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0276; Product Identifier 2017-NM-079-AD; Amendment
39-19346; AD 2018-16-06]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 747-100, -100B, -100B SUD, -200B, -200C, -
200F, -300, -400, -400D, 747SP, and 747SR, and 747-8 series airplanes.
This AD was prompted by reports indicating that additional areas of
Boeing Material Specification (BMS) 8-39 flexible urethane foam were
found during an inspection required by a related AD. This AD requires
inspecting for BMS 8-39 flexible urethane foam insulation in the floor
panel assemblies and the power drive unit (PDU) cover assemblies, doing
applicable on-condition actions, modifying certain dripshields, and
replacing BMS 8-39 foam strips on certain dripshields with BMS 8-371
foam strips. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective September 12, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 12,
2018.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0276.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0276; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, 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: Scott Craig, Aerospace Engineer, Cabin
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email: [email protected].

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 certain The Boeing Company
Model 747-100, -100B, -100B SUD, -200B, -200C, -200F, -300, -400, -
400D, 747SP, and 747SR, and 747-8 series airplanes. The NPRM published
in the Federal Register on April 17, 2018 (83 FR 16796). The NPRM was
prompted by reports indicating that additional areas of BMS 8-39
flexible urethane foam were found during an inspection required by a
related AD. The NPRM proposed to require inspecting for BMS 8-39
flexible urethane foam insulation in the floor panel assemblies and the
PDU cover assemblies, doing applicable on-condition actions, modifying
certain dripshields, and replacing BMS 8-39 foam strips on certain
dripshields with BMS 8-371 foam strips.
    We are issuing this AD to address BMS 8-39 flexible urethane foam
in certain areas, which, if exposed to an ignition source, could cause
an uncontrolled fire leading to loss of control of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We have considered the comment received. Boeing stated
that it had no objection to the NPRM.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule as proposed, except for minor editorial changes. We
have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Boeing service information.
     Boeing Special Attention Service Bulletin 747-53-2877,
dated August 5, 2014, which describes procedures for performing a
general visual inspection for BMS 8-39 flexible urethane foam
insulation in the floor panel assemblies and the PDU cover assemblies,
and applicable on-condition actions.
     Boeing Special Attention Service Bulletin 747-25-3646,
Revision 1, dated

August 2, 2017, which describes procedures for replacing BMS 8-39 foam
strips with BMS 8-371 foam strips on certain dripshields.
     Boeing Special Attention Service Bulletin 747-25-3692,
dated June 22, 2016, which describes procedures for modifying and
replacing BMS 8-39 foam strips with BMS 8-371 foam strips on certain
dripshields.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 87 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection and replacement......  25 work-hour x $85  Up to $184,460....  Up to $186,585....  Up to $6,157,305
                                   per hour = $2,125.                                          (33 airplanes
                                                                                affected).
Modification and installation of  10 work-hours x     Unavailable \1\...  $850..............  $44,200 (52
 the dripshields.                  $85 per hour =                                              airplanes
                                   $850.                                                       affected).
Replacement of the foam on the    8 work-hours x $85  Unavailable \1\...  $680..............  $4,760 (7
 dripshields.                      per hour = $680.                                            airplanes
                                                                                affected).
----------------------------------------------------------------------------------------------------------------
\1\ We have received no definitive data that would enable us to provide parts cost estimates as the parts and
  materials are to be supplied by the operator for the actions specified in this AD.

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all available costs in our
cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-16-06 The Boeing Company: Amendment 39-19346; Docket No. FAA-
2018-0276; Product Identifier 2017-NM-079-AD.

(a) Effective Date

    This AD is effective September 12, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in
any category, as identified in paragraphs (c)(1), (c)(2), and (c)(3)
of this AD.
    (1) Model 747-100, -100B, -100B SUD, -200B, -200C, -200F, -300,
-400, -400D, 747SP, and 747SR series airplanes, as identified in
Boeing Special Attention Service Bulletin 747-53-2877, dated August
5, 2014.
    (2) Model 747-400, -400D, and 747-8 series airplanes, as
identified in Boeing Special Attention Service Bulletin 747-25-3646,
Revision 1, dated August 2, 2017.
    (3) Model 747-100, -100B, -100B SUD, -200B, -300, 747SP, and
747SR series airplanes, as identified in Boeing Special Attention
Service Bulletin 747-25-3692, dated June 22, 2016.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings; 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports indicating that additional areas
of Boeing Material Specification (BMS) 8-39 flexible urethane foam
were found during an inspection required by a related AD. The
degradation of the foam increases the

potential for an uncontrolled fire below the passenger compartment
floor and other locations outside the areas covered by smoke
detection and fire protection systems. We are issuing this AD to
detect and replace BMS 8-39 flexible urethane foam in certain areas,
which, if exposed to an ignition source, could cause an uncontrolled
fire leading to loss of control of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 72 months after the effective date of this AD, do all
actions identified as ``RC'' (required for compliance) in, and in
accordance with, the Accomplishment Instructions of the applicable
service information identified in paragraphs (g)(1), (g)(2), and
(g)(3) of this AD.
    (1) For airplanes identified in paragraph (c)(1) of this AD:
Boeing Special Attention Service Bulletin 747-53-2877, dated August
5, 2014.
    (2) For airplanes identified in paragraph (c)(2) of this AD:
Boeing Special Attention Service Bulletin 747-25-3646, Revision 1,
dated August 2, 2017.
    (3) For airplanes identified in paragraph (c)(3) of this AD:
Boeing Special Attention Service Bulletin 747-25-3692, dated June
22, 2016.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (g)(2) of this AD, if those actions were performed before
the effective date of this AD using Boeing Special Attention Service
Bulletin 747-25-3646, dated June 19, 2015.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (j)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(i)(4)(i) and (i)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    (1) For more information about this AD, contact Scott Craig,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3566; email: [email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (k)(4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 747-25-3646,
Revision 1, dated August 2, 2017.
    (ii) Boeing Special Attention Service Bulletin 747-25-3692,
dated June 22, 2016.
    (iii) Boeing Special Attention Service Bulletin 747-53-2877,
dated August 5, 2014.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on July 23, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-16509 Filed 8-7-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Pages 22338-22340]
[FR Doc No: 2017-09754]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-2834]

Three-Month Extension of Certain Tobacco Product Compliance
Deadlines Related to the Final Deeming Rule; Guidance for Industry;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``Three-Month
Extension of Certain Tobacco Product Compliance Deadlines Related to
the Final Deeming Rule.'' This guidance is intended to assist persons
who manufacture, package, sell, offer to sell, distribute, or import
for sale and distribution within the United States newly regulated
tobacco products, roll-your-own (RYO) tobacco, and cigarette tobacco in
complying with the Federal Food, Drug, and Cosmetic Act (the FD&C Act),
as amended by the Family Smoking Prevention and Tobacco Control Act
(Tobacco Control Act), and FDA regulations.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or

confidential business information, such as a manufacturing process.
Please note that if you include your name, contact information, or
other information that identifies you in the body of your comments,
that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-D-2834 for ``Three-Month Extension of Certain Tobacco Product
Compliance Deadlines Announced in the Final Deeming Rule.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of this guidance to the
Center for Tobacco Products, Food and Drug Administration, Document
Control Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave., Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request or include a fax number to which
the guidance document may be sent. See the SUPPLEMENTARY INFORMATION
section for information on electronic access to the guidance.

FOR FURTHER INFORMATION CONTACT: Deirdre Jurand, Center for Tobacco
Products, Food and Drug Administration, 10903 New Hampshire Ave.,
Document Control Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave.,
Silver Spring, MD 20993-0002, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Three-Month Extension of Certain Tobacco Product Compliance
Deadlines Related to the Final Deeming Rule.'' This guidance is
intended to assist persons who manufacture, package, sell, offer to
sell, distribute, or import for sale and distribution within the United
States newly regulated tobacco products, RYO tobacco, and cigarette
tobacco in complying with the FD&C Act, as amended by the Tobacco
Control Act, and FDA regulations. We are issuing this guidance
consistent with our good guidance practices (GGP) regulation (Sec.
10.115 (21 CFR 10.115)). We are implementing this guidance without
prior public comment because we have determined that prior public
participation is not feasible or appropriate given that the 3-month
extension applies to provisions with imminent compliance deadlines
(Sec.  10.115(g)(2)). We made this determination because FDA needs to
communicate in a timely manner that the guidance provides a 3-month
extension to the compliance deadlines for certain provisions under the
final deeming rule that are set for as early as May 2017. Although this
guidance document is immediately effective, it remains subject to
comment in accordance with FDA's GGP regulation.
    The Tobacco Control Act (Pub. L. 111-31) granted FDA the authority
to immediately regulate the manufacture, marketing, and distribution of
cigarettes, cigarette tobacco, RYO, and smokeless tobacco products to
protect the public health and to reduce tobacco use by minors.
    The Tobacco Control Act also gave FDA the authority to issue a
regulation deeming all other products that meet the statutory
definition of a tobacco product to be subject to Chapter IX of the FD&C
Act (section 901(b) (21 U.S.C. 387a(b)) of the FD&C Act). On May 10,
2016, FDA issued that rule, extending FDA's tobacco product authority
to all products that meet the definition of tobacco product in the law
(except for accessories of newly regulated tobacco products), including
electronic nicotine delivery systems, cigars, hookah, pipe tobacco,
nicotine gels, dissolvables that were not already subject to the FD&C
Act, and other tobacco products that may be developed in the future (81
FR 28974 at 28976) (``the final deeming rule'')).\1\ Chapter IX of the
FD&C Act now applies to newly regulated tobacco products, including
sections 904(a)(1) and (4) (21 U.S.C.387d(a)(1) and (4)) (ingredient
listing, health document submissions), 903(a)(4) and (a)(8) (21 U.S.C.
387c(a)(4) and (a)(8)) (labeling requirements), 904(c)(1), 905(b), (c),
(d), (h) (registration), (21 U.S.C. 387e(b), (c), (d), (h)) 905(i)(1)
(product listing), 907(a)(1)(B) (21 U.S.C. 387g(a)(1)(B)) (additional
special rule), 911 (21 U.S.C. 387k) (modified risk claims), 904(a)(3)
and 915 (21 U.S.C. 387o) (harmful and potentially harmful constituent
reporting), and 920 (21 U.S.C. 387t) (labeling, recordkeeping, records
inspection). The final rule also included several requirements that
apply to a

subgroup of products referred to as ``covered tobacco products.''
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    \1\ ``Deeming Tobacco Products To Be Subject to the Federal
Food, Drug, and Cosmetic Act, as Amended by the Family Smoking
Prevention and Tobacco Control Act; Restrictions on the Sale and
Distribution of Tobacco Products and Required Warning Statements for
Tobacco Products,'' 81 FR28974 (May 10, 2016).
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    FDA is providing a 3-month extension that applies to effective
dates and compliance deadlines for requirements under the final rule
set for May 10, 2017, or later and to all categories of the newly
regulated products, as well as the addictiveness warning requirement
for RYO and cigarette tobacco.
    The guidance represents the current thinking of the FDA on this
topic. It does not establish any rights for any person and is not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information. These collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in
section 910(c)(1)(A)(i) of the FD&C Act and 21 CFR part 1143 have been
approved under OMB control number 0910-0768; the collections of
information in section 905(j) of the FD&C Act have been approved under
OMB control number 0910-0673; the collections of information in section
904(a)(4) of the FD&C Act have been approved under OMB control number
0910-0654; the collections of information in 21 CFR part 1107 have been
approved under OMB control number 0910-0684; the collections of
information in section 904(c)(1), 905(b),(c),(d), (h),and 905(i)(1) of
the FD&C Act have been approved under OMB control number 0910-0650.

III. Electronic Access

    Persons with access to the Internet may obtain an electronic
version of the guidance at either https://www.regulations.gov or
https://www.fda.gov/TobaccoProducts/Labeling/RulesRegulationsGuidance/default.htm.

    Dated: May 10, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-09754 Filed 5-12-17; 8:45 am]
 BILLING CODE 4164-01-P