[Federal Register Volume 85, Number 92 (Tuesday, May 12, 2020)]
[Notices]
[Pages 28136-28137]
[FR Doc No: 2020-10116]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0122]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Grote Industries, LLC

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from Grote
Industries, LLC (Grote) to allow motor carriers operating trailers and
van body trucks to install brake-activated pulsating warning lamps on
the rear of those vehicles in addition to the steady-burning brake
lamps required by the Federal Motor Carrier Safety Regulations (FMCSR).

DATES: Comments must be received on or before June 11, 2020.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2020-0122 using any of the
following methods:
     Website: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery of Courier: Bring comments to Docket
Operations in Room W12-140 of the West Building Ground Floor, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m. e.t., Monday-Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or<PHONE_NUMBER> before visiting Docket Operations.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Docket
Operations in Room W12-140, U.S. Department of Transportation, West
Building Ground Floor, 1200 New Jersey Avenue SE, Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or<PHONE_NUMBER> before visiting Docket Operations.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov website is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov website as well as
the DOT's http://docketsinfo.dot.gov website. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside

Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2020-0122), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2020-0122'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions
from certain parts of the Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request. The Agency reviews the safety analyses and the public comments
and determines whether granting the exemption would likely achieve a
level of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must specify the effective period of the exemption
(up to 5 years) and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

III. Grote's Application for Exemption

    The FMCSRs require all exterior lamps (both required lamps and any
    additional lamps) to be steady-burning, except for turn signal
lamps, hazard warning signal lamps, school bus warning lamps, amber
warning lamps or flashing warning lamps on tow trucks and commercial
motor vehicles transporting oversized loads, and warning lamps on
emergency and service vehicles authorized by State or local
authorities. Grote has applied for an exemption from 49 CFR 393.25(e)
to allow motor carriers operating trailers and van body trucks to
install brake-activated pulsating warning lamps on the rear of those
vehicles in addition to the steady-burning brake lamps required by the
Federal Motor Carrier Safety Regulations (FMCSR). A copy of the
application is included in the docket referenced at the beginning of
this notice.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on Grote's application for an
exemption from 49 CFR 393.25(e). All comments received before the close
of business on the comment closing date indicated at the beginning of
this notice will be considered and will be available for examination in
the docket at the location listed under the Addresses section of this
notice. Comments received after the comment closing date will be filed
in the public docket and will be considered to the extent practicable.
In addition to late comments, FMCSA will also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-10116 Filed 5-11-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Notices]
[Pages 36603-36604]
[FR Doc No: 2012-14933]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2012-0006-N-6]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice and Request for Comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Requirements (ICRs) abstracted below have been forwarded to
the Office of Management and Budget (OMB) for review and comment. The
ICRs describes the nature of the information collection and their
expected burden. The Federal Register notice with a 60-day comment
period soliciting comments on the following collection of information
was published on April 4, 2012 (77 FR 20478).

DATES: Comments must be submitted on or before July 19, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Safety,
Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC
20590 (telephone:<PHONE_NUMBER>), or Ms. Kimberly Toone, Office of
Information Technology, RAD-20, Federal Railroad Administration, 1200
New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone:
(202) 493-6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:
    The Paperwork Reduction Act of 1995 (PRA), Public Law 104-13,
Section 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501-
3520), and its implementing regulations, 5 CFR part 1320, require
Federal agencies to issue two notices seeking public comment on
information collection activities before OMB may approve paperwork
packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On
April 4, 2012, FRA published a 60-day notice in the Federal Register
soliciting comment on ICRs for which the agency was seeking OMB
approval. 77 FR 20478. FRA received no comments in response to this
notice.
    Before OMB decides whether to approve a proposed collection of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30 day
notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice
informs the regulated community to file relevant comments and affords
the agency adequate time to digest public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
    The summary below describes the nature of the information
collection requirements (ICRs) and the expected burden, and are being
submitted for clearance by OMB as required by the PRA.
    Title: Railroad Signal System Requirements.
    OMB Control Number: 2130-0006.
    Type of Request: Extension with change of a previously approved
information collection.
    Affected Public: 754 Railroads.
    Abstract: The regulations pertaining to railroad signal systems are
contained in 49 CFR Parts 233 (Signal System Reporting Requirements),
235 (Instructions Governing Applications For Approval of A
Discontinuance or Material Modification of a Signal System), and 236
(Rules, Standards, and Instructions Governing the Installation,
Inspection, Maintenance, and Repair of Systems, Devices, and
Appliances). Section 233.5 provides that each railroad must report to
FRA within 24 hours after learning of an accident or incident arising
from the failure of a signal appliance, device, method, or system to
function or indicate as required by Part 236 of this Title that results
in a more favorable aspect than intended or other condition hazardous
to the movement of a train. Section 233.7 sets forth the specific
requirements for reporting signal failures within 15 days in accordance
with the instructions printed on Form FRA F 6180.14. Finally, Section
233.9 sets forth the specific requirements for the ``Signal System Five
Year Report.'' It requires that every five years each railroad must
file a signal system status report. The report is to be prepared on a
form issued by FRA in accordance with the instructions and definitions
provided. Title 49, Part 235 of the Code of Federal Regulations, sets
forth the specific conditions under which FRA approval of modification
or discontinuance of railroad signal systems is required and prescribes
the methods available to seek such approval. The application process
prescribed under Part 235 provides a vehicle enabling FRA to obtain the
necessary information to make logical and informed decisions concerning
carrier requests to modify or discontinue signaling systems. Section
235.5 requires railroads to apply for FRA approval to discontinue or
materially modify railroad signaling systems. Section 235.7 defines
material modifications and identifies those changes that do not require
agency approval. Section 235.8 provides that any railroad may petition
FRA to seek relief from the requirements under 49 CFR part 236.
Sections 235.10, 235.12, and 235.13 describe where the petition must be
submitted, what information must be included, the organizational
format, and the official authorized to sign the application. Section
235.20 sets forth the process for protesting the granting of a carrier
application for signal changes or relief from the rules, standards, and
instructions. This section provides the information that must be
included in the protest, the address for filing the protest, the item
limit for filing the protest, and the requirement that a person
requesting a public hearing explain the need for such a forum. Section
236. 110 requires that the test results of certain signaling apparatus
be recorded and specifically identify the tests required under sections
236.102-109; sections 236.377-236.387; sections 236.576; 236.577; and
section 236.586-589. Section 236.110 further provides that the test
results must be recorded on pre-printed or computerized forms provided
by the carrier and that the forms show the name of the railroad, place
and date of the test conducted, equipment tested, test results,
repairs, and the condition of the apparatus. This section also requires
that the employee conducting the test must sign the form and that the
record be retained at the office of the supervisory official having the
proper

authority. Results of tests made in compliance with sections 236.587
must be retained for 92 days, and results of all other tests must be
retained until the next record is filed, but in no case less than one
year. Additionally, section 236.587 requires each railroad to make a
departure test test of cab signal, train stop, or train control devices
on locomotives before that locomotive enters the equipped territory.
This section further requires that whoever performs the test must
certify in writing that the test was properly performed. The
certification and test results must be posted in the locomotive cab
with a copy of the certification and test results retained at the
office of the supervisory official having the proper authority.
However, if it is impractical to leave a copy of the certification and
test results at the location of the test, the test results must be
transmitted to either the dispatcher or one other designated official
who must keep a written record of the test results and the name of the
person performing the test. All records prepared under this section are
required to be retained for 92 days. Finally, section 236.590 requires
the carrier to clean and inspect the pneumatic apparatus of automatic
train stop, train control, or cab signal devices on locomotives every
736 days, and to stencil, tag, or otherwise mark the pneumatic
apparatus indicating the last cleaning date.
    Form Number(s): FRA F 6180.47; FRA F 6180.14.
    Annual Estimated Burden Hours: 444,637 hours.
    Title: U.S. DOT Crossing Inventory Form.
    OMB Control Number: 2130-0017.
    Type of Request: Extension with change of a currently approved
collection.
    Affected Public: 650 Railroads/50 States.
    Abstract: Form FRA F 6180.71 is a voluntary form, and is used by
States and railroads to periodically update certain site specific
highway-rail crossing information which is then transmitted to FRA for
input into the National Inventory File. This information has been
collected on the U.S. DOT-AAR Crossing Inventory Form (previous
designation of this form) since 1974 and maintained in the National
Inventory File database since 1975. The primary purpose of the National
Inventory File is to provide for the existence of a uniform database
which can be merged with accidents data and used to analyze information
for planning and implementation of crossing safety programs by public,
private, and governmental agencies responsible for highway-rail
crossing safety. Following the official establishment of the National
Inventory in 1975, the Federal Railroad Administration (FRA) assumed
the principal responsibility as custodian for the maintenance and
continued development of the U.S. DOT/AAR National Highway-Rail
Crossing Inventory Program. The major goal of the Program is to provide
Federal, State, and local governments, as well as the railroad
industry, information for the improvement of safety at highway-rail
crossings. Good management practices necessitate maintaining the
database with current information. The data will continue to be useful
only if maintained and updated as inventory changes occur. FRA
previously cleared the reporting and recordkeeping burden for this form
under Office of Management and Budget (OMB) Clearance Number 2130-0017.
OMB approved the burden for this form through July 31, 2006. FRA is
requesting a new three year approval from OMB for this information
collection.
    Form Number(s): FRA F 6180.71.
    Annual Estimated Burden Hours: 8,054 hours.
    Addressee: Send comments regarding this information collection to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 Seventeenth Street NW., Washington, DC, 20503,
Attention: FRA Desk Officer. Comments may also be sent electronically
via email to the Office of Information and Regulatory Affairs (OIRA) at
the following address<EMAIL_ADDRESS>    Comments are invited on the following: Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; the accuracy of the Department's estimate of
the burden of the proposed information collection; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information on
respondents, including the use of automated collection techniques or
other forms of information technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

    Authority:  44 U.S.C. 3501-3520.

    Issued in Washington, DC on June 14, 2012.
Rebecca Pennington,
Chief Financial Officer, Federal Railroad Administration.
[FR Doc. 2012-14933 Filed 6-18-12; 8:45 am]
BILLING CODE 4910-06-P


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58504
Federal Register/Vol. 71, No. 192 /Wednesday, October 4, 2006 /Rules and Regulations
1
‘‘Consumption’’ is defined as the amount of a
substance produced in the United States, plus the
amount imported into the United States, minus the
amount exported to Parties to the Montreal Protocol
(see section 601(6) of the Clean Air Act).
2
Class I ozone depleting substances are listed at
40 CFR part 82 subpart A, appendix A.
where the synthesized or separated
component is not stored prior to
formulation. Typically, coatings include
products described by the following
North American Industry Classification
System (NAICS) codes, code 325510,
Paint and Coating Manufacturing, code
325520, Adhesive and Sealant
Manufacturing, and code 325910, Ink
Manufacturing.
* * * * *
[FR Doc. E6–16407 Filed 10–3–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2006–0158; FRL–8227–4]
RIN 2060–AN29
Protection of Stratospheric Ozone:
Allocation of Essential Use Allowances
for Calendar Year 2006
AGENCY:
Environmental Protection
Agency (EPA).
ACTION:
Final rule.
SUMMARY:
With this action, EPA is
allocating essential use allowances for
import and production of class I
stratospheric ozone depleting
substances (ODSs) for calendar year
2006. Essential use allowances enable a
person to obtain controlled class I ODSs
as part of an exemption from the
regulatory ban on the production and
import of these chemicals that became
effective as of January 1, 1996. EPA
allocates essential use allowances for
exempted production or import of a
specific quantity of class I ODSs solely
for the designated essential purpose.
The allocations in this action total
1,002.40 metric tons (MT) of
chlorofluorocarbons (CFCs) for use in
metered dose inhalers for 2006.
DATES:
Effective Date: This final rule is
effective October 4, 2006.
ADDRESSES:
EPA has established a
docket for this action under Docket ID
No. EPA-HQ-OAR-2006–0158. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
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 either
electronically through
www.regulations.gov or in hard copy at
the Air Docket, EPA/DC, EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. This Docket
facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566
–1744, and the telephone number for
the Air Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Kirsten Cappel of the Office of Air and
Radiation, Stratospheric Protection
Division by regular mail at the
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., (6205J)
Washington DC 20460; telephone
number: 202–343–9556; fax number:
202
–343–2338; e-mail address:
<FONT STYLE="font-size<EMAIL_ADDRESS>SUPPLEMENTARY INFORMATION:
Table of Contents
I. Basis for Allocating Essential Use
Allowances
A. What are essential use allowances?
B. Under what authority does EPA allocate
essential use allowances?
C. What is the process for allocating
essential use allowances?
II. Response to Comments
A. EPA Should Not Allocate Essential Use
Allowances
B. The Proposed Level of Allocations Is
Incorrect
C. Consideration of Stocks of CFCs in the
Allocation of Essential Use Allowances
D. Comments on the Rulemaking Process
and Timing
E. EPA May Not Allocate Allowances to
Companies That Fail To Demonstrate
Research and Development of
Alternatives
F. Transition to Non-CFC Metered Dose
Inhalers
III. Allocation of Essential Use Allowances
for Calendar Year 2006
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Congressional Review Act
V. Judicial Review
VI. Effective Date of this Final Rule
I. Basis for Allocating Essential Use
Allowances
A. What are essential use allowances?
Essential use allowances are
allowances to produce or import certain
ozone-depleting substances (ODSs) in
the U.S. for purposes that have been
deemed ‘‘essential’’ by the U.S.
Government and by the Parties to the
Montreal Protocol on Substances that
Deplete the Ozone Layer (Montreal
Protocol).
The Montreal Protocol is an
international agreement aimed at
reducing and eliminating the
production and consumption
1
of ODSs.
The elimination of production and
consumption of class I ODSs is
accomplished through adherence to
phaseout schedules for specific class I
ODSs, which include
2
chlorofluorocarbons (CFCs), halons,
carbon tetrachloride, and methyl
chloroform. As of January 1, 1996,
production and import of most class I
ODSs were phased out in developed
countries, including the United States.
However, the Montreal Protocol and
the Clean Air Act provide exemptions
that allow for the continued import and/
or production of class I ODSs for
specific uses. Under the Montreal
Protocol, exemptions may be granted for
uses that are determined by the Parties
to be ‘‘essential.’’ Decision IV/25, taken
by the Parties to the Protocol in 1992,
established criteria for determining
whether a specific use should be
approved as essential, and set forth the
international process for making
determinations of essentiality. The
criteria for an essential use, as set forth
in paragraph 1 of Decision IV/25, are the
following:
‘‘(a) That a use of a controlled substance
should qualify as ‘essential’ only if:
(i) It is necessary for the health, safety or
is critical for the functioning of society
(encompassing cultural and intellectual
aspects); and
(ii) There are no available technically and
economically feasible alternatives or
substitutes that are acceptable from the
standpoint of environment and health;
(b) That production and consumption, if
any, of a controlled substance for essential
uses should be permitted only if:
(i) All economically feasible steps have
been taken to minimize the essential use and
any associated emission of the controlled
substance; and
(ii) The controlled substance is not
available in sufficient quantity and quality
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Federal Register/Vol. 71, No. 192 /Wednesday, October 4, 2006 /Rules and Regulations
from existing stocks of banked or recycled
controlled substances, also bearing in mind
the developing countries’ need for controlled
substances.’’
B. Under what authority does EPA
allocate essential use allowances?
Title VI of the Clean Air Act
implements the Montreal Protocol for
the United States. Section 604(d) of the
Act authorizes EPA to allow the
production of limited quantities of class
I ODSs after the phaseout date for the
following essential uses:
(1) Methyl chloroform, ‘‘solely for use
in essential applications (such as
nondestructive testing for metal fatigue
and corrosion of existing airplane
engines and airplane parts susceptible
to metal fatigue) for which no safe and
effective substitute is available.’’ Under
the Act, this exemption was available
only until January 1, 2005. Prior to that
date, EPA issued methyl chloroform
allowances to the U.S. Space Shuttle
and Titan Rocket programs.
(2) Medical devices (as defined in
section 601(8) of the Act), ‘‘if such
authorization is determined by the
Commissioner [of the Food and Drug
Administration], in consultation with
the Administrator [of EPA] to be
necessary for use in medical devices.’’
EPA issues allowances to manufacturers
of metered dose inhalers (MDIs), which
use CFCs as propellant for the treatment
of asthma and chronic obstructive
pulmonary disease.
(3) Aviation safety, for which limited
quantities of halon-1211, halon-1301,
and halon-2402 may be produced ‘‘if the
Administrator of the Federal Aviation
Administration, in consultation with the
Administrator [of EPA] determines that
no safe and effective substitute has been
developed and that such authorization
is necessary for aviation safety
purposes.’’ Neither EPA nor the Parties
have ever granted a request for essential
use allowances for halon, because in
most cases alternatives are available and
because existing quantities of this
substance are large enough to provide
for any needs for which alternatives
have not yet been developed.
The Parties to the Protocol, under
Decision XV/8, additionally allow a
general exemption for laboratory and
analytical uses through December 31,
2007. This exemption is reflected in
EPA’s regulations at 40 CFR part 82,
subpart A. While the Act does not
specifically provide for this exemption,
EPA has determined that an allowance
for essential laboratory and analytical
uses is allowable under the Act as a de
minimis exemption. The de minimis
exemption is addressed in EPA’s final
rule of March 13, 2001 (66 FR 14760–
14770). The Parties to the Protocol
subsequently agreed (Decision XI/15)
that the general exemption does not
apply to the following uses: Testing of
oil and grease, and total petroleum
hydrocarbons in water; testing of tar in
road-paving materials; and forensic
finger-printing. EPA incorporated this
exemption at Appendix G to Subpart A
of 40 CFR part 82 on February 11, 2002
(67 FR 6352).
C. What is the process for allocating
essential use allowances?
The procedure set out by Decision IV/
25 calls for individual Parties to
nominate essential uses and the total
amount of ODSs needed for those
essential uses on an annual basis. The
Protocol’s Technology and Economic
Assessment Panel (TEAP) evaluates the
nominated essential uses and makes
recommendations to the Protocol
Parties. The Parties make the final
decisions on whether to approve a
Party’s essential use nomination at their
annual meeting. This nomination cycle
occurs approximately two years before
the year in which the allowances would
be in effect. The allowances allocated
through this final rule were first
nominated by the United States in
January 2004.
For MDIs, EPA requests information
from manufacturers about the number
and type of MDIs they plan to produce,
as well as the amount of CFCs necessary
for production. EPA then forwards the
information to the Food and Drug
Administration (FDA), which
determines the amount of CFCs
necessary for MDIs in the coming
calendar year. Based on FDA’s
determination, EPA proposes
allocations to each eligible entity. Under
the Act and the Protocol, EPA may
allocate essential use allowances in
quantities that together are below or
equal to the total amount approved by
the Parties. EPA will not allocate
essential use allowances in amounts
higher than the total approved by the
Parties. For 2006, the Parties authorized
the United States to allocate up to 1,100
metric tons (MT) of CFCs for essential
uses. In a notice of proposed rulemaking
published in the Federal Register on
April 11, 2006 (71 FR 18262), EPA
proposed to allocate 1,002.40 MT.
II. Response to Comments
EPA received comments from ten
entities on the proposed rule. Two
commenters, both members of the
general public, did not support an
exemption as a general matter, one
commenter indicated that his company
received too few allowances to
adequately protect patient safety, four
commenters believed that EPA allocated
more allowances than were necessary
given the presence of stocks of CFCs in
the United States, one commenter
indicated that the Agency should not
increase one company’s allocations at
the expense of a second company and
should instead increase the total levels
of allocations to accommodate any
shortfalls. Lastly, one commenter
believed that there is no downside to
allocating the maximum number of
allowances possible because companies
only expend those allowances that they
need. The comments are addressed in
more detail below.
A. EPA Should Not Allocate Essential
Use Allowances
One commenter wrote that non-CFC
MDIs should be developed. This
commenter also expressed a belief that
a particular pharmaceutical company,
Schering-Plough, should not be
permitted to produce CFC MDIs since
CFCs are banned. Additionally, this
commenter feels that asthma would not
be as serious a problem if the U.S.
Government stopped burning national
forests, parks, and wildlife areas.
Another commenter expressed the
opinion that the 1,002.40 MT of CFCs
are not necessary for the manufacture of
MDIs for the treatment of asthma and
COPD. According to this commenter,
skin cancer is not a suitable alternative
to the lack of innovation by the
companies that want to use CFCs.
Another commenter also did not
believe that Schering-Plough should
receive an essential use allocation. The
commenter stated that the cornerstone
of the temporary essential use process is
that production of CFCs for MDIs
should be allowed only until companies
are able to develop and bring to market
adequate non-CFC alternatives for
patients. The commenter noted that
TEAP has expressed a strong concern
that ‘‘companies continue to request
essential use quantities for CFCs when
they also manufacture HFA MDI
alternatives for salbutamol,’’ and that
Schering Plough has had an approved
non-CFC Albuterol MDI, Proventil(r), on
the market for a decade. Therefore, the
commenter believes that no legal basis
exists for allocating essential use CFCs
to Schering-Plough.
FDA, in consultation with EPA, has
determined that 1,002.40 MT of CFCs
are necessary to meet the demand for
2006 MDI manufacturing. As
alternatives become available, FDA will
be in a position to propose delisting of
essential uses in a manner that is
protective of patient safety. EPA
appreciates the commenter’s interest in
the causes of asthma and reiterates that
VerDate Aug<31>2005
14:25 Oct 03, 2006
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58506
Federal Register/Vol. 71, No. 192 /Wednesday, October 4, 2006 /Rules and Regulations
FDA’s determination is made in
accordance with protecting public
health.
Delisting of CFC MDIs will proceed in
accordance with the 2002 FDA rule
establishing a mechanism for removing
essential uses from the list in 21 CFR
2.125(e), published in the Federal
Register on July 24, 2002 (67 FR 48370)
(corrected at 67 FR 49396 and 67 FR
58678). Delisting of albuterol CFC MDIs
is addressed specifically in the FDA rule
published in the Federal Register on
April 4, 2006 (70 FR 17168). Under this
rule, CFC albuterol MDIs will no longer
be essential as of the end of 2008. In
addition, FDA is in the process of
examining the remaining essential use
products to determine if and when they
might no longer require an essential use
designation. The U.S. is making
substantial progress in the phasedown
of exempted CFC production. For
example, in 2005 the Agency allocated
about 1,750 MT of CFCs while in this
action for 2006 the Agency is only
allocating 1,002.40 MT of CFCs.
Schering-Plough manufactures a
product which, as of 2006, is still
essential to the U.S. supply of albuterol
MDIs for treatment of asthma and
COPD. With regard to the comment
regarding the TEAP 2005 Progress
Report, while the TEAP did express
concerns ‘‘that companies continue to
request essential use quantities for CFCs
when they also manufacture [HFA] MDI
alternatives for [albuterol],’’ it
nevertheless recommended an essential
use exemption for the United States that
included CFCs intended for Schering-
Plough, and this exemption was
approved by the Parties.
B. The Proposed Level of Allocations is
Incorrect
One commenter stated that unless
EPA increases the essential use
allocation for CFC propellants for
Armstrong Pharmaceuticals, the only
company with idle CFC albuterol
production capacity, there will be a
shortage of albuterol MDIs as early as
June or July of 2006 because a European
firm, IVAX, is no longer providing some
12 million units of albuterol inhalers to
the U.S. market. Therefore, the
commenter requested that the 2006
essential use allowances granted to
Armstrong be increased from the
proposed 147.50 MT to 347.50 MT. The
commenter noted that Medical
Technical Options Committee (MTOC)
recommended that 180 MT be added to


[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Notices]
[Page 36460]
[FR Doc No: 2017-16391]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Rule 498, SEC File No. 270-574, OMB Control No. 3235-0648

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) (``Paperwork Reduction Act''), the
Securities and Exchange Commission (the ``Commission'') is soliciting
comments on the collection of information summarized below. The
Commission plans to submit this existing collection of information to
the Office of Management and Budget (``OMB'') for extension and
approval.
    Rule 498 (17 CFR 230.498) under the Securities Act of 1933 (15
U.S.C. 77a et seq.) (``Securities Act'') permits open-end management
investment companies (``funds'') to satisfy their prospectus delivery
obligations under the Securities Act by sending or giving key
information directly to investors in the form of a summary prospectus
(``Summary Prospectus'') and providing the statutory prospectus on a
Web site. Upon an investor's request, funds are also required to send
the statutory prospectus to the investor. In addition, under rule 498,
a fund that relies on the rule to meet its statutory prospectus
delivery obligations must make available, free of charge, the fund's
current Summary Prospectus, statutory prospectus, statement of
additional information, and most recent annual and semi-annual reports
to shareholders at the Web site address specified in the required
Summary Prospectus legend.\1\ A Summary Prospectus that complies with
rule 498 is deemed to be a prospectus that is authorized under Section
10(b) of the Securities Act and Section 24(g) of the Investment Company
Act of 1940 (15 U.S.C. 80a-1 et seq.).
---------------------------------------------------------------------------

    \1\ 17 CFR 270.498(e)(1).
---------------------------------------------------------------------------

    The purpose of rule 498 is to enable a fund to provide investors
with a Summary Prospectus containing key information necessary to
evaluate an investment in the fund. Unlike many other federal
information collections, which are primarily for the use and benefit of
the collecting agency, this information collection is primarily for the
use and benefit of investors. The information filed with the Commission
also permits the verification of compliance with securities law
requirements and assures the public availability and dissemination of
the information.
    Based on an analysis of fund filings, the Commission estimates that
approximately 10,532 portfolios are using a Summary Prospectus. The
Commission estimates that the annual hourly burden per portfolio
associated with the compilation of the information required on the
cover page or the beginning of the Summary Prospectus is 0.5 hours, and
estimates that the annual hourly burden per portfolio to comply with
the Web site posting requirement is approximately 1 hour, requiring a
total of 1.5 hours per portfolio per year.\2\ Thus the total annual
hour burden associated with these requirements of the rule is
approximately 15,798.\3\ The Commission estimates that the annual cost
burden is approximately $15,900 per portfolio, for a total annual cost
burden of approximately $167,458,800.\4\
---------------------------------------------------------------------------

    \2\ 0.5 hours per portfolio + 1 hour per portfolio = 1.5 hours
per portfolio. The Commission believes that funds that have opted to
use the Summary Prospectus have already incurred the estimated one-
time hour burden to initially comply with rule 498, and therefore
the estimated burden hours to initially comply with rule 498 and the
associated costs are not included in these estimates.
    \3\ 1.5 hours per portfolio x 10,532 portfolios = 15,798 hours.
    \4\ $15,900 per portfolio x 9,082 portfolios = $144,403,800.
---------------------------------------------------------------------------

    Estimates of average burden hours are made solely for the purposes
of the Paperwork Reduction Act and are not derived from a comprehensive
or even a representative survey or study of the costs of Commission
rules and forms. Under rule 498, use of the Summary Prospectus is
voluntary, but the rule's requirements regarding provision of the
statutory prospectus upon investor request are mandatory for funds that
elect to send or give a Summary Prospectus in reliance upon rule 498.
The information provided under rule 498 will not be kept confidential.
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.
    Written comments are invited on: (a) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burdens
of the collections of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burdens of the collections of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549; or send an email
to<EMAIL_ADDRESS>
    Dated: July 31, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-16391 Filed 8-3-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21185-21186]
[FR Doc No: 2013-08209]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0152]

Petition for Amending Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated January 24, 2013, the National Railroad Passenger Corporation
(Amtrak) has petitioned the Federal Railroad Administration (FRA) for
an amendment of a waiver of compliance from certain provisions of the
Federal railroad safety regulations contained at 49 CFR part 240,
Qualification and Certification of Locomotive Engineers, in Docket
Number FRA-2010-0152. On May 11, 2010, FRA granted Amtrak a waiver of
compliance from 49 CFR 240.117(e)(1)-(4), 240.305, and 240.307. The
relief granted to Amtrak was contingent on its continued participation
in the Confidential Close Call Reporting System (C3RS) pilot project.
FRA granted the original waiver for a period of 5 years.
    Amtrak, the Brotherhood of Locomotive Engineers and Trainmen, and
the United Transportation Union seek to shield the reporting employee
and the railroad from punitive sanctions that would otherwise arise as
provided in selected sections of 49 CFR 240.307, to encourage
locomotive engineer reporting of close calls, and to protect locomotive
engineers and Amtrak from

discipline or sanctions arising from the incidents reported pursuant to
the Implementing Memorandum of Understanding (IMOU).
    The proposed amendment extends the boundaries of inclusion under
Article 3 of the IMOU to all Amtrak-owned or -controlled properties
nationwide. The additional locations include: the Northeast Corridor
(all main track operations); the Hudson Line; the Michigan Line in New
Orleans, LA; and yards and facilities owned by Amtrak that are
connected to other carriers' tracks.
    Further, the amendment proposes changing the applicability
parameters under Article 3.1 of the Amtrak IMOU, affording C3RS
protection to NJ Transit train and engine service employees working in
Sunnyside Yard.
    Finally, the amendment proposes amending Article 6.4 of the Amtrak
IMOU pertaining to special additional criteria for close call event
reporting to allow coverage for events involving damage or derailment
below the FRA monetary reporting threshold.
    A copy of the petition, as well as any written communications
concerning the petition available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's Docket Operations Facility, 1200 New Jersey Avenue,
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays. If you do not have access to the Internet, please contact
FRA's Docket Clerk at<PHONE_NUMBER>, who will provide necessary
information concerning the contents of the petition.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA in
writing before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received within April 29, 2013 of the date of this
notice will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as is practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov, or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on April 3, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-08209 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Rules and Regulations]
[Pages 27227-27232]
[FR Doc No: 2011-10685]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1274; Directorate Identifier 2010-NM-090-AD;
Amendment 39-16687; AD 2011-10-06]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A310 Series Airplanes

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

ACTION: Final rule.

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

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:

    DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile]
France AD 1992-106-132(B) * * * was issued to require a set of
inspection and modification tasks which addressed JAR/FAR [Joint
Aviation Regulation/Federal Aviation Regulation] 25-571 requirements
related to damage-tolerance and fatigue evaluation of structure.
* * * * *

The unsafe condition is reduced structural integrity of the wings. We
are issuing this AD to require actions to correct the unsafe condition
on these products.

DATES: This AD becomes effective June 15, 2011.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 15,
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.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:  Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    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 January 3, 2011 (76
FR 50). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile]
France AD 1992-106-132(B) original issue up to revision 7 was issued
to require a set of inspection and modification tasks which
addressed JAR/FAR [Joint Aviation Regulation/Federal Aviation
Regulation] 25-571 requirements related to damage-tolerance and
fatigue evaluation of structure.
    Following the Extended Design Service Goal activities as part of
the Structure Task Group for the Airbus A310 program, EASA [European
Aviation Safety Agency] published AD 2007-0053, which replaced DGAC
France AD F-1992-106-132R7.
    Since the issuance of AD 2007-0053R1, the thresholds and the
intervals of Airbus Service Bulletins (SB) A310-57-2050 and A310-57-
2064 have been updated.
    Consequently, this new [EASA] AD takes over the requirements of
paragraphs 1.15 and 1.17 of EASA AD 2007-0053R1, which has been
revised accordingly * * * and requires the accomplishment of Airbus
SB A310-57-2048 at revision 01.

The unsafe condition is reduced structural integrity of the wings. The
required actions are as follows, depending on airplane configuration:

     Cold working of trellis boom drainage holes.
     Repetitive detailed or rotating probe inspections for
cracking in the drain holes on the lower skin panel in the center wing
box between frames 42 and 46 and corrective actions if necessary.
Corrective actions include repairing cracking and contacting the FAA or
EASA for repair and doing the repair.
     Repetitive eddy current inspections for cracking of the
upper corner angle fitting and the vertical tee fitting at left and
right frame 40, and corrective actions if necessary. Corrective actions
include repairing, replacing the internal angle fitting, and contacting
the FAA or EASA for repair and doing the repair.
    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 considered the comment received.

Request To Revise Paragraph Header

    An anonymous commenter requested that the paragraph reference in
the paragraph header between table 5 and paragraph (k) of the NPRM be
revised from ``paragraph (h)'' to ``paragraph (j)''. The commenter
believed the intent was to reference paragraph (j) of the NPRM.
    We agree with the commenter's request. We have revised the
paragraph header between table 5 and paragraph (k) of this AD.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We determined that this change
will not

increase the economic burden on any operator or increase the scope of
the AD.

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

    We estimate that this AD will affect 44 products of U.S. registry.
We also estimate that it will take about 137 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $512,380, or $11,645 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://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains 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

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2011-10-06 Airbus: Amendment 39-16687. Docket No. FAA-2010-1274;
Directorate Identifier 2010-NM-090-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 15,
2011.

Affected ADs

    (b) None.

 Applicability

    (c) This AD applies to Airbus Model A310-203, -204, -221, -222,
-304, -322, -324, and -325 airplanes, certificated in any category,
all serial numbers.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile]
France AD 1992-106-132(B) * * * was issued to require a set of
inspection and modification tasks which addressed JAR/FAR [Joint
Aviation Regulation/Federal Aviation Regulation] 25-571 requirements
related to damage-tolerance and fatigue evaluation of structure.
* * * * *
The unsafe condition is reduced structural integrity of the wings.

Compliance

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

Cold Working of Trellis Boom Drainage Holes

    (g) For Model A310-203, -204, -222, -304, -322 and -324
airplanes, except airplanes identified in paragraphs (g)(1), (g)(2),
and (g)(3) of this AD: Within the applicable time specified in Table
1 of this AD, cold work the trellis boom drainage holes, in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A310-57-2048, Revision 01, dated May 22, 2007.
Certain compliance times specified in Table 1 of this AD are
applicable to short range use, average flight time (AFT) equal to or
less than 3.6 hours; or long range use, AFT exceeding 3.6 hours.

         Table 1--Compliance Times for Paragraph (g) of This AD
------------------------------------------------------------------------

------------------------------------------------------------------------
 Airplanes, as identified in   Compliance time (whichever occurs later)
  Airbus Mandatory Service
   Bulletin A310-57-2048,
 Revision 01, dated May 22,
            2007
------------------------------------------------------------------------
Configuration 01 airplanes..  Prior to the          Within 6 months
                               accumulation of       after the effective
                               31,800 total flight   date of this AD.
                               cycles or 63,600
                               total flight hours,
                               whichever occurs
                               first.

Configuration 02 airplanes..  Prior to the          Within 6 months
                               accumulation of       after the effective
                               40,000 total flight   date of this AD.
                               cycles or 80,000
                               total flight hours,
                               whichever occurs
                               first.
Configuration 03 short range  Prior to the          Within 6 months
 airplanes.                    accumulation of       after the effective
                               30,950 total flight   date of this AD.
                               cycles or 86,750
                               total flight hours,
                               whichever occurs
                               first.
Configuration 03 long range   Prior to the          Within 6 months
 airplanes.                    accumulation of       after the effective
                               24,100 total flight   date of this AD.
                               cycles or 120,600
                               total flight hours,
                               whichever occurs
                               first.
------------------------------------------------------------------------

    (1) Airplanes on which Airbus modification 06130 was done in
production.
    (2) Airplanes on which Airbus Mandatory Service Bulletin A310-
57-2048 was done in service.
    (3) Airplanes on which rework of cracked drain holes was done in
accordance with Airbus Mandatory Service Bulletin A310-57-2050.

Inspection of Trellis Boom Drainage Holes

    (h) For all airplanes: Within the applicable intervals specified
in Table 2 of this AD, perform a detailed or rotating probe
inspection for cracking in the drain holes on the lower skin panel
in the center wing box between frames 42 and 46, in accordance with
the Accomplishment Instructions of Airbus Mandatory Service Bulletin
A310-57-2050, Revision 02, dated August 27, 2009. Repeat the
inspections thereafter at intervals not to exceed the applicable
times specified in Table 3 of this AD. Certain compliance times
specified in Tables 2 and 3 of this AD are applicable to short range
use, average flight time (AFT) equal to or less than 3.6 hours; or
long range use, AFT exceeding 3.6 hours.

         Table 2--Compliance Times for Paragraph (h) of This AD
------------------------------------------------------------------------

------------------------------------------------------------------------
 Airplanes, as identified in   Compliance time (whichever occurs later)
  Airbus Mandatory Service
   Bulletin A310-57-2050,
  Revision 02, dated August
          27, 2009
------------------------------------------------------------------------
Configuration 01 airplanes..  Prior to the          Within 1,000 flight
                               accumulation of       cycles or 2,000
                               17,800 total flight   flight hours,
                               cycles or 35,600      whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
Configuration 02 airplanes    Within 32,850 flight  Within 1,000 flight
 on which Airbus Mandatory     cycles or 65,700      cycles or 2,000
 Service Bulletin A310-57-     flight hours,         flight hours,
 2048 has been done within     whichever occurs      whichever occurs
 the ``recommended''           first, after          first, after the
 compliance times specified    accomplishing         effective date of
 in paragraph 1.E.(2),         Airbus Mandatory      this AD.
 ``Accomplishment              Service Bulletin
 Timescale,'' of Airbus        A310-57-2048.
 Mandatory Service Bulletin
 A310-57-2048, Revision 01,
 dated May 22, 2007.
Configuration 02 airplanes    Within 8,600 flight   Within 1,000 flight
 on which Airbus Mandatory     cycles or 17,250      cycles or 2,000
 Service Bulletin A310-57-     flight hours,         flight hours,
 2048 has not been done        whichever occurs      whichever occurs
 within the ``recommended''    first, after          first, after the
 compliance times specified    accomplishing the     effective date of
 in paragraph 1.E.(2),         detailed inspection   this AD.
 ``Accomplishment              specified in Airbus
 Timescale,'' of Airbus        Mandatory Service
 Mandatory Service Bulletin    Bulletin A310-57-
 A310-57-2048, Revision 01,    2048;
 dated May 22, 2007.          OR..................
                              Within 11,400 flight
                               cycles or 22,800
                               flight hours,
                               whichever occurs
                               first, after
                               accomplishing the
                               rotating probe
                               inspection
                               specified in Airbus
                               Mandatory Service
                               Bulletin A310-57-
                               2048.
Configuration 03 airplanes..  Prior to the          Within 1,000 flight
                               accumulation of       cycles or 2,000
                               22,300 total flight   flight hours,
                               cycles or 44,550      whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
Configuration 04 airplanes..  Prior to the          Within 1,000 flight
                               accumulation of       cycles or 2,000
                               41,550 total flight   flight hours,
                               cycles or 83,100      whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
Configuration 05 airplanes    Prior to the          Within 1,000 flight
 on which Airbus Mandatory     accumulation of       cycles or 2,000
 Service Bulletin A310-57-     40,000 total flight   flight hours,
 2048 has been done within     cycles or 80,000      whichever occurs
 the ``recommended''           total flight hours,   first, after the
 compliance times specified    whichever occurs      effective date of
 in paragraph 1.E.(2),         first.                this AD.
 ``Accomplishment
 Timescale,'' of Airbus
 Mandatory Service Bulletin
 A310-57-2048, Revision 01,
 dated May 22, 2007.
Configuration 05 airplanes    Within 10,600 flight  Within 1,000 flight
 on which Airbus Mandatory     cycles or 21,150      cycles or 2,000
 Service Bulletin A310-57-     flight hours,         flight hours,
 2048 has not been done        whichever occurs      whichever occurs
 within the ``recommended''    first, after          first, after the
 compliance times specified    accomplishing the     effective date of
 in paragraph 1.E.(2),         detailed inspection   this AD.
 ``Accomplishment              specified in Airbus
 Timescale,'' of Airbus        Mandatory Service
 Mandatory Service Bulletin    Bulletin A310-57-
 A310-57-2048, Revision 01,    2048;
 dated May 22, 2007.          OR..................
                              Within 13,900 flight
                               cycles or 27,800
                               flight hours,
                               whichever occurs
                               first, after
                               accomplishing the
                               rotating probe
                               inspection
                               specified in Airbus
                               Mandatory Service
                               Bulletin A310-57-
                               2048.

Configuration 06 short range  Prior to the          Within 1,000 flight
 airplanes.                    accumulation of       cycles or 2,800
                               17,250 total flight   flight hours,
                               cycles or 48,400      whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
Configuration 06 long range   Prior to the          Within 800 flight
 airplanes.                    accumulation of       cycles or 4,000
                               13,450 total flight   flight hours,
                               cycles or 67,250      whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
Configuration 07 short range  Prior to the          Within 1,000 flight
 airplanes.                    accumulation of       cycles or 2,800
                               32,150 total flight   flight hours,
                               cycles or 90,050      whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
Configuration 07 long range   Prior to the          Within 800 flight
 airplanes.                    accumulation of       cycles or 4,000
                               25,050 total flight   flight hours,
                               cycles or 125,150     whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
Configuration 08 short range  Prior to the          Within 1,000 flight
 airplanes on which Airbus     accumulation of       cycles or 2,800
 Mandatory Service Bulletin    30,950 total flight   flight hours,
 A310-57-2048 has been done    cycles or 86,750      whichever occurs
 within the ``recommended''    total flight hours,   first, after the
 compliance times specified    whichever occurs      effective date of
 in paragraph 1.E.(2),         first.                this AD.
 ``Accomplishment
 Timescale,'' of Airbus
 Mandatory Service Bulletin
 A310-57-2048, Revision 01,
 dated May 22, 2007.
Configuration 08 short range  Within 8,200 flight   Within 1,000 flight
 airplanes on which Airbus     cycles or 23,000      cycles or 2,800
 Mandatory Service Bulletin    flight hours,         flight hours,
 A310-57-2048 has not been     whichever occurs      whichever occurs
 done within the               first, after          first, after the
 ``recommended'' compliance    accomplishing the     effective date of
 times specified in            detailed inspection   this AD.
 paragraph 1.E.(2),            specified in Airbus
 ``Accomplishment              Mandatory Service
 Timescale,'' of Airbus        Bulletin A310-57-
 Mandatory Service Bulletin    2048;
 A310-57-2048, Revision 01,   OR..................
 dated May 22, 2007.          Within 10,800 flight
                               cycles or 30,300
                               flight hours,
                               whichever occurs
                               first, after
                               accomplishing the
                               rotating probe
                               inspection
                               specified in Airbus
                               Mandatory Service
                               Bulletin A310-57-
                               2048.
Configuration 08 long range   Prior to the          Within 800 flight
 airplanes on which Airbus     accumulation of       cycles or 4,000
 Mandatory Service Bulletin    24,100 total flight   flight hours,
 A310-57-2048 has been done    cycles or 120,600     whichever occurs
 within the ``recommended''    total flight hours,   first, after the
 compliance times specified    whichever occurs      effective date of
 in paragraph 1.E.(2),         first.                this AD.
 ``Accomplishment
 Timescale,'' of Airbus
 Mandatory Service Bulletin
 A310-57-2048, Revision 01,
 dated May 22, 2007.
Configuration 08 long range   Within 6,400 flight   Within 800 flight
 airplanes on which Airbus     cycles or 31,950      cycles or 4,000
 Mandatory Service Bulletin    flight hours,         flight hours,
 A310-57-2048 has not been     whichever occurs      whichever occurs
 done within the               first, after          first, after the
 ``recommended'' compliance    accomplishing the     effective date of
 times specified in            detailed inspection   this AD.
 paragraph 1.E.(2),            specified in Airbus
 ``Accomplishment              Mandatory Service
 Timescale,'' of Airbus        Bulletin A310-57-
 Mandatory Service Bulletin    2048;
 A310-57-2048, Revision 01,   OR..................
 dated May 22, 2007.          Within 8,400 flight
                               cycles or 42,150
                               flight hours,
                               whichever occurs
                               first, after
                               accomplishing the
                               rotating probe
                               inspection
                               specified in Airbus
                               Mandatory Service
                               Bulletin A310-57-
                               2048.
------------------------------------------------------------------------

Table 3--Repetitive Intervals for Paragraph (h) of This AD, Depending on
                       Most Recent Inspection Type
------------------------------------------------------------------------
  Airplanes, as identified in        Type of
   Airbus Mandatory Service      inspection done
    Bulletin A310-57-2050,         during most      Repetitive interval
 Revision 02, dated August 27,        recent          (not to exceed)
             2009                   inspection
------------------------------------------------------------------------
Configuration 01 and 02         Detailed           8,600 flight cycles
 airplanes.                      inspection.        or 17,250 flight
                                                    hours, whichever
                                                    occurs first.
                                Rotating probe     11,400 flight cycles
                                 inspection.        or 22,800 flight
                                                    hours, whichever
                                                    occurs first.
Configurations 03, 04, and 05   Detailed           10,600 flight cycles
 airplanes.                      inspection.        or 21,150 flight
                                                    hours, whichever
                                                    occurs first.
                                Rotating probe     13,900 flight cycles
                                 inspection.        or 27,800 flight
                                                    hours, whichever
                                                    occurs first.
Configurations 06, 07, and 08   Detailed           8,200 flight cycles
 short range airplanes.          inspection.        or 23,000 flight
                                                    hours, whichever
                                                    occurs first.
                                Rotating probe     10,800 flight cycles
                                 inspection.        or 30,300 flight
                                                    hours, whichever
                                                    occurs first.
Configurations 06, 07, and 08   Detailed           6,400 flight cycles
 long range airplanes.           inspection.        or 31,950 flight
                                                    hours, whichever
                                                    occurs first.

                                Rotating probe     8,400 flight cycles
                                 inspection.        or 42,150 flight
                                                    hours, whichever
                                                    occurs first.
------------------------------------------------------------------------

Corrective Actions for Paragraph (h) of This AD

    (i) If any cracking is found during any inspection required by
paragraph (h) of this AD, before further flight, do all applicable
corrective actions, in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A310-57-2050,
Revision 02, dated August 27, 2009; except where the service
bulletin specifies to contact Airbus, before further flight, repair
in accordance with a method approved by either the Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
or European Aviation Safety Agency (EASA) (or its delegated agent).

Inspection of Fuselage Frame 40 Upper Corner Fitting

    (j) For all airplanes: Within the applicable time specified in
Table 4 of this AD, perform an eddy current inspection for cracking
of the upper corner fitting at left and right frame 40, in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A310-57-2064, Revision 02, dated December 21, 2007.
Repeat the inspections thereafter at intervals not to exceed the
applicable times specified in Table 5 of this AD. Certain compliance
times specified in Tables 4 and 5 of this AD are applicable to short
range use, average flight time (AFT) equal to or less than 3.23
hours; or long range use, AFT exceeding 3.23 hours.

         Table 4--Compliance Times for Paragraph (j) of This AD
------------------------------------------------------------------------

------------------------------------------------------------------------
   Airplane configurations                  Compliance time
    identified in Airbus               (whichever occurs later)
 Mandatory Service Bulletin
 A310-57-2064, Revision 02,
   dated December 21, 2007
------------------------------------------------------------------------
Model A310-203, -204, -221,   Prior to the          Within 1,300 flight
 and -222 airplanes            accumulation of       cycles or 2,700
 identified as Configuration   15,100 total flight   flight hours,
 01.                           cycles or 30,300      whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
Model A310-203, -204, -221,   Prior to the          Within 1,300 flight
 and -222 airplanes            accumulation of       cycles or 2,700
 identified as                 21,400 total flight   flight hours,
 Configurations 02 and 03.     cycles or 42,800      whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
Model A310-304, -322, -324,   Prior to the          Within 600 flight
 and -325 short range          accumulation of       cycles or 1,800
 airplanes identified as       14,700 total flight   flight hours,
 Configuration 01.             cycles or 41,300      whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
Model A310-304, -322, -324,   Prior to the          Within 600 flight
 and -325 short range          accumulation of       cycles or 1,800
 airplanes identified as       20,700 total flight   flight hours,
 Configurations 02 and 03.     cycles or 58,300      whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
Model A310-304, -322, -324,   Prior to the          Within 500 flight
 and -325 long range           accumulation of       cycles or 2,650
 airplanes identified as       12,800 total flight   flight hours,
 Configuration 01.             cycles or 64,000      whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
Model A310-304, -322, -324,   Prior to the          Within 500 flight
 and -325 long range           accumulation of       cycles or 2,650
 airplanes identified as       18,000 total flight   flight hours,
 Configurations 02 and 03.     cycles or 90,400      whichever occurs
                               total flight hours,   first, after the
                               whichever occurs      effective date of
                               first.                this AD.
------------------------------------------------------------------------

       Table 5--Repetitive Intervals for Paragraph (j) of This AD
------------------------------------------------------------------------
                                           Repetitive interval  (not to
               Airplanes                             exceed)
------------------------------------------------------------------------
Model A310-203, -204, -221, and -222     8,750 flight cycles or 17,550
 airplanes.                               flight hours, whichever occurs
                                          first.
Model A310-304, -322, -324, and -325     5,800 flight cycles or 16,300
 short range airplanes.                   flight hours, whichever occurs
                                          first.
Model A310-304, -322, -324, and -325     4,800 flight cycles or 24,050
 long range airplanes.                    flight hours, whichever occurs
                                          first.
------------------------------------------------------------------------

Corrective Actions for Paragraph (j) of This AD

    (k) If, during any inspection required by paragraph (j) of this
AD, any crack is found, prior to further flight, do all applicable
corrective actions, in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A310-57-2064,
Revision 02, dated December 21, 2007; except where the service
bulletin specifies to contact Airbus, before further flight, repair
in accordance with a method approved by either the Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
or EASA (or its delegated agent).

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (l) Actions accomplished before the effective date of this AD in
accordance with Airbus Service Bulletin A310-57-2048, dated April
23, 1990, are considered acceptable for compliance with the
corresponding action specified in paragraph (g) of this AD.
    (m) Actions accomplished before the effective date of this AD in
accordance with Airbus Service Bulletin A310-57-2050, dated April
23, 1990; or Airbus Mandatory Service Bulletin A310-57-2050,
Revision 01, dated May 22, 2007; are considered acceptable for
compliance with the corresponding actions specified in paragraphs
(h) and (i) of this AD.
    (n) Actions done before the effective date of this AD in
accordance with Airbus Service Bulletin A310-57-2064, dated August
24, 1995; or, Airbus Mandatory Service Bulletin A310-57-2064,
Revision 01, dated January 5, 2001; are acceptable for compliance
with the corresponding actions specified in paragraphs (j) and (k)
of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No Differences.

Other FAA AD Provisions

    (o) 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, or if sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be e-mailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your 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.
    (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.

Related Information

    (p) Refer to MCAI EASA Airworthiness Directive 2009-0057, dated
March 13, 2009, and the service bulletins listed in Table 6 of this
AD, for related information.

                      Table 6--Service Information
------------------------------------------------------------------------
       Service Bulletin           Revision               Date
------------------------------------------------------------------------
Airbus Mandatory Service                 01  May 22, 2007.
 Bulletin A310-57-2048.
Airbus Mandatory Service                 02  August 27, 2009.
 Bulletin A310-57-2050.
Airbus Mandatory Service                 02  December 21, 2007.
 Bulletin A310-57-2064.
------------------------------------------------------------------------

Material Incorporated by Reference

    (q) You must use the applicable service information contained in
Table 7 of this AD to do the actions required by this AD, unless the
AD specifies otherwise.

             Table 7--All Material Incorporated by Reference
------------------------------------------------------------------------
       Service Bulletin           Revision               Date
------------------------------------------------------------------------
Airbus Mandatory Service                 01  May 22, 2007.
 Bulletin A310-57-2048.
Airbus Mandatory Service                 02  August 27, 2009.
 Bulletin A310-57-2050,
 excluding Appendix 01.
Airbus Mandatory Service                 02  December 21, 2007.
 Bulletin A310-57-2064,
 excluding Appendix 1.
------------------------------------------------------------------------

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

    Issued in Renton, Washington, on April 22, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-10685 Filed 5-10-11; 8:45 am]
BILLING CODE 4910-13-P