Unknown. Final rule

6,413 words·~29 min read·/register/2013/06/04/2013-12717·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2013-06-04.xml --- 78 107 Tuesday, June 4, 2013 Contents Agriculture Agriculture Department See Forest Service See Rural Business-Cooperative Service See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33325-33326 2013-13130 Antitrust Division Antitrust Division NOTICES Proposed Final Judgments: United States v. Apple, Inc., et al., 33437-33440 2013-13133 Antitrust See Antitrust Division Fiscal Bureau of the Fiscal Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33469 2013-13171 Coast Guard Coast Guard RULES Drawbridge Operations: York River, between Yorktown and Gloucester Point, VA, 33223-33224 2013-13139 Recurring Marine Events, Fifth Coast Guard District: Mattaponi Drag Boat Race, Mattaponi River, Wakema, VA; Temporary Change of Dates, 33216-33219 2013-13001 Safety Zones: Grain-Shipment and Grain-Shipment Assist Vessels, Columbia and Willamette Rivers, 33224-33228 2013-13137 Special Local Regulations:

Annual Swim around Key West, Atlantic Ocean and Gulf of Mexico; Key West, FL, 33221-33223 2013-13148 Swim Across the Potomac, Potomac River, National Harbor Access Channel, MD, 33219-33221 2013-13144 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33331 2013-13118 Tribal Consultation and Coordination Policy, 33331-33339 2013-13052 Commodity Futures Commodity Futures Trading Commission RULES Core Principles and Other Requirements for Swap Execution Facilities, 33476-33604 2013-12242 Process for a Designated Contract Market or Swap Execution Facility to Make a Swap Available to Trade, etc., 33606-33632 2013-12250 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Interagency Statement on Complex Structured Finance Transactions, 33469-33470 2013-12972 Consumer Product Consumer Product Safety Commission NOTICES FY 2012 Service Contract Inventory; Availability, 33392-33393 2013-13164 Requests for Ban or Standard on Adult Portable Bed Rails, 33393-33394 2013-13000 Defense Department Defense Department See Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Beddown of the KC-46A Tanker Aircraft at United States Air Force Main Operating Base 2, 33394 2013-13135 Meetings:

National Commission on the Structure of the Air Force, 33394-33395 2013-13179 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications: Watson Pharma, Inc., 33440 2013-13177 Importers of Controlled Substances; Registrations: Caraco Pharmaceutical Laboratories, Ltd., 33441 2013-13183 Mylan Technologies, Inc., 33441 2013-13181 Rhodes Technologies, 33440 2013-13178 Manufacturers of Controlled Substances; Applications: Agilent Technologies, 33441 2013-13219 Penick Corp., 33441-33442 2013-13221 Sigma Aldrich Research Biochemicals, Inc., 33442 2013-13217 Manufacturers of Controlled Substances;

Registrations: Alltech Associates, Inc., 33443 2013-13228 Cerilliant Corp., 33442 2013-13225 GE Healthcare, 33442-33443 2013-13230 Norac, Inc., 33443-33444 2013-13226 Pharmagra Labs, Inc., 33443 2013-13227 Economic Development Economic Development Administration NOTICES Eligibility to Apply for Trade Adjustment Assistance; Petitions, 33339-33340 2013-13150 Education Department Education Department RULES National Dropout Prevention Center for Students with Disabilities; Waivers and Extensions, 33228-33230 2013-13070 NOTICES Annual Updates to the Income Contingent Repayment Plan Formula for 2013--William D.

Ford Federal Direct Loan Program, 33395-33398 2013-13193 Applications for New Awards: School Leadership Program; Correction, 33398-33399 2013-13192 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Efficiency Program for Commercial and Industrial Equipment: Availability of the Framework Document for Refrigerated Beverage Vending Machines; Public Meeting, 33262-33263 2013-13174 Environmental Protection Environmental Protection Agency RULES State Air Quality Implementation Plans;

Approvals and Promulgations: California; San Diego County; 1997 8-Hour Ozone Standard; Redesignation, 33230-33233 2013-13064 PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Omaha Lead Superfund Site, 33276-33282 2013-12969 Review of New Sources and Modifications: Indian Country, 33266-33276 2013-13057 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33409-33416 2013-13067 Meetings:

Science Advisory Board Environmental Justice Technical Guidance Review Panel, 33416-33417 2013-13188 Executive Office of the President See Science and Technology Policy Office Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bell Helicopter Textron, Inc.

(Bell)Helicopters, 33204-33206 2013-12720 Bombardier, Inc. Airplanes, 33206-33208 2013-12898 DASSAULT AVIATION Airplanes, 33199-33201 2013-12722 Embraer S.A. Airplanes, 33201-33203 2013-12900 Iniziative Industriali Italiane S.p.A. Airplanes, 33197-33199 2013-12516 The Boeing Company Airplanes, 33193-33197 2013-12717 PROPOSED RULES Class D and Class E Airspace; Amendments: San Marcos, TX, 33263-33265 2013-13016 Class E Airspace; Amendments: Umatilla, FL, 33265-33266 2013-13020 Federal Communications Federal Communications Commission RULES Human Exposure to Radiofrequency Electromagnetic Fields, 33634-33653 2013-12716 PROPOSED RULES Reassessment of Exposure to Radiofrequency Electromagnetic Fields Limits and Policies, 33654-33687 2013-12713 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33417-33418 2013-13142 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interagency Charter and Federal Deposit Insurance Application, 33418 2013-13175 Meetings; Sunshine Act, 33418 2013-13326 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Columbia Gas Transmission, LLC, 2013-13114 33399-33400 2013-13115 Free Flow Power Corporation, 33400-33401 2013-13153 Environmental Assessments; Availability, etc.: CenterPoint Energy Gas Transmission Co., LLC, Central Arkansas Pipeline Enhancement Project, 33401-33403 2013-13154 Transcontinental Gas Pipe Line Co., LLC, Leidy Southeast Expansion Project, 33403-33406 2013-13117 Environmental Site Reviews: Clean River Power MR-1, LLC, Clean River Power MR-2, LLC, Clean River Power MR-3, LLC, et al., 33406-33408 2013-13116 Filings: Mary Anne Brelinsky, 33408-33409 2013-13155 Petitions for Temporary Waivers of Filing and Reporting Requirements: Targa Badlands LLC, 33409 2013-13156 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings: Appraisal Subcommittee, 2013-13200 33419 2013-13201 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33466-33467 2013-13159 Federal Transit Federal Transit Administration NOTICES Second Allocation of Public Transportation Emergency Relief Funds in Response to Hurricane Sandy: Response, Recovery and Resiliency; Correction, 33467-33468 2013-13212 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Salt Creek Tiger Beetle; Revision of Critical Habitat, 33282-33300 2013-13098 NOTICES Final Comprehensive Conservation Plans: Bear Lake National Wildlife Refuge, Bear Lake County, ID; Oxford Slough Warerfowl Protection Are, Franklin, Bannock Counties, ID, 33433-33435 2013-13046 Food and Drug Food and Drug Administration NOTICES Masked and De-identified Non-Summary Safety and Efficacy Data; Availability, 33421-33423 2013-13083 Meetings: Arthritis Advisory Committee, 33423-33424 2013-13082 Tobacco Product Analysis Scientific Workshop, 33424-33426 2013-13084 New Drug Applications; Approval Withdrawals: ORAFLEX; Eli Lilly and Co., 33426-33427 2013-13053 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Property: Desgination of Six Individuals Pursuant to the Iranian Transactions and Sanctions Regulations, 33470-33471 2013-13167 Designation of 8 Entities and 6 Individuals as Weapons of Mass Destruction Proliferators and Their Supporters, 33471-33472 2013-13168 Foreign Trade Foreign-Trade Zones Board NOTICES Expansions: Foreign-Trade Zone 158, Vicksburg/Jackson, MS, 33340 2013-13250 Reorganizations under Alternative Site Framework: Foreign-Trade Zone 139, Sierra Vista, AZ, 33340-33341 2013-13251 Forest Forest Service NOTICES Meetings: Big Horn County Resource Advisory Committee, 33326 2013-13132 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration RULES Patient Protection and Affordable Care Act: Establishment of Exchanges and Qualified Health Plans; Small Business Health Options Program, 33233-33240 2013-13149 NOTICES Blue Button Co-Design Challenge; Requirements and Registration, 33419-33421 2013-13128 Requests for Nominations: Advisory Council on Alzheimer's Research, Care, and Services, 33421 2013-13127 Homeland Homeland Security Department See Coast Guard Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approved Tribal-State Class III Gaming Amendments, 33435 2013-13262 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Indian Gaming Commission See National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Phase III Early Restoration Plan and Early Restoration Project Types Deepwater Horizon Oil Spill, 33431-33432 2013-13249 Meetings: Wildland Fire Executive Council, 33432-33433 2013-13131 International Trade Adm International Trade Administration NOTICES Antidumping Duty New Shipper Reviews; Results, Extensions, Amendments, etc.: New Pneumatic Off-the-Road Tires from the People's Republic of China, 33341-33342 2013-13215 Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Frozen Warmwater Shrimp from Ecuador, 33347-33349 2013-13235 Frozen Warmwater Shrimp from India, 33344-33345 2013-13205 Frozen Warmwater Shrimp from Indonesia, 33349-33350 2013-13234 Frozen Warmwater Shrimp from Malaysia, 33345-33346 2013-13229 Frozen Warmwater Shrimp from Thailand, 33350-33351 2013-13202 Frozen Warmwater Shrimp from the People's Republic of China, 33346-33347 2013-13231 Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 33342-33344 2013-13237 Final Determinations of Sales at Less Than Fair Value: Xanthan Gum from Austria, 33354-33356 2013-13218 Xanthan Gum from the People's Republic of China, 33351-33354 2013-13220 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Proposed Consent Decrees under CERCLA, 33437 2013-13102 Land Land Management Bureau NOTICES Realty Actions: Pima County, AZ, 33435-33436 2013-13158 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability and Request for Comments, 33444-33445 2013-13162 National Credit National Credit Union Administration NOTICES Funding Opportunities: Office of Small Credit Unions Grant Program Access for Credit Unions, 33445-33447 2013-13169 National Indian National Indian Gaming Commission NOTICES 2013 Final Fee Rate and Fingerprint Fees, 33436 2013-13257 National Institute National Institutes of Health NOTICES Meetings: Center For Scientific Review, 2013-13121 2013-13124 33427-33429 2013-13125 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 33427 2013-13123 National Heart, Lung, and Blood Institute, 33428 2013-13122 National Institute of Allergy and Infectious Diseases, 33428 2013-13120 National Oceanic National Oceanic and Atmospheric Administration RULES Amendment 94 to the Gulf of Alaska Fishery Management Plan and Regulatory Amendments for Community Quota Entities, 33243-33255 2013-13196 Corals and Reef Associated Plants and Invertebrates Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands: Seagrass Management; Amendment 4, 33255-33259 2013-13194 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; Gag Management Measures, 33259-33261 2013-13198 International Fisheries: Pacific Tuna Fisheries; Fishing Restrictions in the Eastern Pacific Ocean, 33240-33243 2013-13240 PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding and Proposed Endangered Listing of Five Species of Sawfish under the Endangered Species Act, 33300-33324 2013-13170 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Papahanaumokuakea Marine National Monument Permit Application and Reports for Permits, 33356-33357 2013-13184 Meetings: Caribbean Fishery Management Council, 33357 2013-13143 Takes of Marine Mammals Incidental to Specified Activities: Conducting of Maritime Strike Operations by Eglin Air Force Base in the Gulf of Mexico, 33357-33369 2013-13119 Low-Energy Marine Geophysical Survey in the Gulf of Mexico, April to May 2013, 33369-33392 2013-13185 National Park National Park Service NOTICES Meetings: Fort Hancock 21st Century Advisory Committee; Location Change, 33436-33437 2013-13259 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 33447 2013-13337 Navy Navy Department RULES Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 33208-33209 2013-13138 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications: Licenses to Export High-Enriched Uranium, 33448-33449 2013-13206 Sealed Source and Device Evaluation and Registration, 33447-33448 2013-13210 Atomic Safety and Licensing Board Proceedings: FirstEnergy Nuclear Operating Co., 33449 2013-13209 Meetings; Sunshine Act, 33449-33450 2013-13312 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Withholdings and Contributions for Health Benefits, Life Insurance and Retirement, etc., 33450 2013-13216 Postal Regulatory Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 33450-33451 2013-13310 New Postal Products, 33451-33452 2013-13078 Postal Service Postal Service NOTICES International Product Changes: Global Reseller Expedited Package Contracts 2, 33452 2013-13129 Meetings; Sunshine Act, 33452 2013-13232 Rural Business Rural Business-Cooperative Service NOTICES Meetings: Intermediary Relending Program, 33326 2013-12867 Rural Utilities Rural Utilities Service NOTICES Grant and Loan Application Deadlines and Funding, 33327-33331 2013-13069 Science Technology Science and Technology Policy Office RULES Implementation of the Freedom of Information Act, 33209-33216 2013-13072 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33452-33453 2013-13126 2013-13191 Meetings; Sunshine Act, 33453-33454 2013-13245 Self-Regulatory Organizations; Proposed Rule Changes: Fixed Income Clearing Corp., 33456-33457 2013-13108 Miami International Securities Exchange LLC, 33454-33456, 33461-33463 2013-13146 2013-13152 NASDAQ Stock Market LLC, 33457-33461 2013-13110 Small Business Small Business Administration NOTICES Disaster Declarations: Illinois; Amendment 1, 33464 2013-13252 Oklahoma; Amendment 1, 33464 2013-13256 Texas, 33464 2013-13253 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Interwoven Globe: The Worldwide Textile Trade, 1500-1800, 33465 2013-13208 Meetings: Overseas Schools Advisory Council, 33465 2013-13211 Substance Substance Abuse and Mental Health Services Administration NOTICES Current List of Laboratories and Facilities Which Meet Minimum Standards To Engage in Urine Drug Testing, 33429-33431 2013-13160 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Union Pacific Railroad Co., Wright County, IA, 33468-33469 2013-13136 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See Surface Transportation Board NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, 2013-13145 33465-33466 2013-13147 Aviation Proceedings: Agreements Filed Week Ending May 11, 2013, 33466 2013-13141 Treasury Treasury Department See Bureau of the Fiscal Service See Comptroller of the Currency See Foreign Assets Control Office Veteran Affairs Veterans Affairs Department NOTICES Funding Availabilities: Rural Veterans Coordination Pilot, 33472-33474 2013-13163 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 33476-33604 2013-12242 Part III Commodity Futures Trading Commission, 33606-33632 2013-12250 Part IV Federal Communications Commission, 33634-33687 2013-12716 2013-12713 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 107 Tuesday, June 4, 2013 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2012-0856; Directorate Identifier 2012-NM-093-AD; Amendment 39-17464; AD 2013-11-04] 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, 747-100B, 747-100B SUD, 747-200B, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes; Model 767-200, -300, -300F, and -400ER series airplanes; and Model 777-200, -200LR, -300, and -300ER series airplanes. This AD was prompted by operator or in-service reports of burned Boeing Material Specification

(BMS)8-39 urethane foam, and a report from the airplane manufacturer indicating that airplanes were assembled, throughout various areas of the airplane (including flight deck and cargo compartments), with seals made of BMS 8-39 urethane foam, a material with fire-retardant properties that deteriorate with age. This AD requires replacing certain seals made of BMS 8-39 urethane foam. We are issuing this AD to prevent the failure of urethane seals to maintain sufficient Halon concentrations in the cargo compartments to extinguish or contain fire or smoke, and to prevent penetration of fire or smoke in areas of the airplane that are difficult to access for fire and smoke detection or suppression. DATES: This AD is effective July 9, 2013. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of July 9, 2013. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet *https://www.myboeingfleet.com.* You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Eric M. Brown, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6476; fax: 425-917-6590; email: *Eric.M.Brown@faa.gov.* 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 published in the **Federal Register** on August 21, 2012 (77 FR 50411). That NPRM proposed to require replacing seals made of BMS 8-39 urethane foam in certain areas of the airplane. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (77 FR 50411, August 21, 2012) and the FAA's response to each comment. Request for Safety Determination United Parcel Service

(UPS)noted that the proposed actions specified in the NPRM (77 FR 50411, August 21, 2012) affect a relatively small quantity of small parts in the airplane, and that the referenced sources of service information were not identified as “alert” service bulletins. UPS therefore requested additional information on the risk assessment that was done to determine that those parts pose a significant risk to flight safety. We agree to provide additional information to support the need to issue the AD as proposed. The intent of the AD, as explained in the NPRM (77 FR 50411, August 21, 2012), is to prevent penetration of smoke or fire in areas of the airplane that are difficult to access for fire and smoke detection or suppression. Further, BMS 8-39 fire properties degrade over time and may result in BMS 8-39 material becoming a fuel source for an ignition event in hidden parts of the airplane. The FAA made this safety determination based on tests of aged BMS 8-39 material and in-service experience that demonstrated that this material may propagate a fire when exposed to an ignition source. We have therefore determined that it is necessary to proceed with issuing the final rule. Request To Clarify Re-Installation Restrictions Boeing and United Airlines

(UAL)requested that we revise paragraph

(i)of the NPRM (77 FR 50411, August 21, 2012), which proposed to prohibit installation of BMS 8-39 foam seals on any airplane. Noting that paragraph

(g)of the NPRM would require seal replacement only in certain areas of the airplane, the commenters requested that paragraph

(i)of the NPRM be revised to explicitly identify the areas that are subject to re-installation restrictions. UPS noted that not all BMS 8-39 foam is removed from the airplane as part of the rework as specified in Boeing Special Attention Service Bulletin 747-25-3381, Revision 1, dated May 17, 2012; and Boeing Special Attention Service Bulletin 767-25-0381, Revision 1, dated September 17, 2012. Those service bulletins state that the foam is “not replaced in areas where it is encapsulated by a protective fire resistant barrier or where it is physically isolated from an ignition source.” UPS was concerned that BMS 8-39 foam may be used to replace damaged foam in these encapsulated areas, creating noncompliance with paragraph

(i)of the NPRM (77 FR 50411, August 21, 2012). We agree with the request. The intent of paragraph

(i)of this AD is to maintain the level of safety established by the corrective action of this AD, not to prohibit BMS 8-39 installation in locations excluded by this AD. We have revised paragraph

(i)in this final rule accordingly. Request To Allow Re-Installation During Maintenance UPS requested that we revise paragraph

(i)of the NPRM (77 FR 50411, August 21, 2012) to allow re-installation of items removed for access without the need to replace serviceable BMS 8-39 foam seals before the proposed rework is done. UPS suggested adding the following sentence: “Parts removed and reinstalled to facilitate maintenance, or removed, repaired in accordance with the approved manuals, and reinstalled, on the same airplane are not affected by this rule.” We acknowledge the commenter's concern, and agree to clarify the requirement. Once we have determined that an unsafe condition exists, an AD generally specifies not to allow that condition to be introduced into the fleet. Although the word “install” is generally considered to be broader than the word “replace,” operators can interpret “install” in this AD as meaning “replace” and still meet the intent of paragraph

(i)of this AD (“Parts Installation Prohibition”). By simply re-installing a part removed during maintenance, the operator is not “installing” a different part. Therefore, the AD allows operators to remove a part to gain access, and then re-install that same part for other maintenance activities not associated with the AD. Request To Supplement Service Information UPS noted that the number and location of affected foam insulation parts are not specified in Boeing Special Attention Service Bulletin 747-25-3381, Revision 1, dated May 17, 2012; or Boeing Special Attention Service Bulletin 767-25-0381, Revision 1, dated September 17, 2012. This leaves the decision to remove and replace insulation to the mechanic. UPS added that those service bulletins do not clearly depict the affected parts, whereas typical AD-related service bulletins are very specific as to the location, quantity, and condition being addressed. UPS asserted that neither of these service bulletins has the expected level of detail necessary to prevent the risk of noncompliance. We infer that the commenter is requesting additional AD instructions to supplement the service bulletins. We disagree. The level of detail necessary to comply with the requirements of the AD is clear in Boeing Special Attention Service Bulletin 747-25-3381, Revision 1, dated May 17, 2012; and Boeing Special Attention Service Bulletin 767-25-0381, Revision 1, dated September 17, 2012. These service bulletins cannot provide specific information for every airplane because the location of the parts may not be identical on every airplane. Therefore, these service bulletins may not provide explicit directions regarding the location of the parts needed to be removed; instead the service bulletins provide inspection procedures to locate those parts. Once the affected parts are located, operators can document the parts/locations as necessary to ensure that compliance with the AD is maintained in the future. Because the service information is adequate to perform the required tasks, we have not changed the final rule regarding this issue. Request To Clarify Service Information Paragraph

(i)of the NPRM (77 FR 50411, August 21, 2012) would prohibit installing a BMS 8-39 urethane foam seal on any airplane as of the effective date of the AD. UPS stated that, in many cases, Boeing has given unique part numbers to the new seals, but has not changed the assembly part numbers of the associated line replaceable units (LRUs). UPS added that certain modifications (such as the installation of felt on Model 767 airplanes per Figure 18 of Boeing Special Attention Service Bulletin 767-25-0381, Revision 1, dated September 17, 2012) identified in the associated service bulletins do not bear specific part numbers and are unrelated to the installation of BMS 8-39. UPS stated that Boeing has not provided any revisions to the illustrated parts catalog

(IPC)or airplane maintenance manual

(AMM)associated with the service bulletin changes. Without such manual support, UPS asserted that there are no industry controls in place to effectively maintain a post-modification configuration. We infer that the commenter is requesting that we revise the NPRM (77 FR 50411, August 21, 2012) to clarify the referenced procedures and parts. We disagree. Operators are required to both comply with the AD requirements and have controls in place to effectively maintain the configuration of their airplanes. The IPC and AMM are not FAA approved and are not used to control the configuration of the airplane. Operators can, however, request from Boeing any updated documents that would facilitate the maintenance of the AD-mandated configuration. We have not changed the final rule regarding this issue. Request To Cite Latest Service Information Paragraphs (c)(2) and (g)(2) of the NPRM (77 FR 50411, August 21, 2012) referred to Boeing Special Attention Service Bulletin 767-25-0381, dated August 19, 2010, as the appropriate source for the applicability and service information for Model 767 airplanes. UAL requested that we revise the NPRM to refer to the recently revised service bulletin: Boeing Special Attention Service Bulletin 767-25-0381, Revision 1, dated September 17, 2012. We agree. Boeing Special Attention Service Bulletin 767-25-0381, Revision 1, dated September 17, 2012, changes certain airplane groups and provides other administrative changes, but adds no work for any affected airplane. We have revised paragraphs (c)(2) and (g)(2) in this the final rule accordingly. We have also added new paragraph (h)(2) in this final rule to provide credit for actions done on affected airplanes in accordance with Boeing Special Attention Service Bulletin 767-25-0381, dated August 19, 2010. Request To Delay AD Issuance Pending Revised Service Information UPS reported that it has submitted service bulletin comments and questions directly to Boeing and requested that the FAA permit Boeing to address these concerns by revising the referenced service information before issuing the final rule. We disagree. Delaying issuance of the AD would negatively affect safety. If the commenter has a specific concern with the ability to comply with the AD, we will consider requests to approve specific procedures for compliance under the provisions of paragraph

(j)of this AD, if sufficient data are submitted to substantiate that the procedures would provide an acceptable level of safety. Request To Consider Information Notices UAL questioned whether the AD will cover the changes introduced by two Information Notices (INs): Boeing Service Bulletin 777-25-0362 IN 01, dated February 27, 2012; and Boeing Service Bulletin 777-25-0362 IN 02, dated August 14, 2012. We have not changed the final rule to refer to the INs, which are for information only. The INs do not affect compliance with the final rule. Request To Extend Compliance Time All Nippon Airways

(ANA)requested that we revise the NPRM (77 FR 50411, August 21, 2012) to extend the compliance time from 72 months to 88 months to correspond to ANA's 4C check interval. ANA reported that removal of stowage bins and other cabin items, typically done as part of the 4C check, would allow access to the areas affected by the NPRM. But with the 72-month compliance time, as proposed, ANA asserted that additional tasks would be necessary to get access to those areas, and would add work-hours and large costs for most of its fleet. We acknowledge ANA's concern, but do not agree with the request. In developing an appropriate compliance time for this action, we considered the urgency associated with the subject unsafe condition, the availability of required parts, and the practical aspect of accomplishing the required seal replacement within a period of time that corresponds to the normal scheduled maintenance for most affected operators. Under the provisions of paragraph

(j)of this AD, however, we will consider requests to approve an extension of the compliance time if sufficient data are submitted to substantiate that the new compliance time would provide an acceptable level of safety. We have not changed the AD in this regard. Request To Exclude Certain Airplanes The NPRM (77 FR 50411, August 21, 2012) stated that deteriorated BMS 8-39 urethane foam seals in a cargo compartment compromise the Halon retention and smoke- and fire-blocking capabilities of the cargo compartment. UPS reported that its Model 767-300F package freighters are not equipped with Class C cargo compartments and do not have issues with containment of Halon. We infer that the commenter is requesting that we revise the applicability to remove airplanes that do not have Class C cargo compartments. We disagree. The unsafe condition identified in this AD—penetration of smoke/fire in areas of the airplane that are difficult to access for fire/smoke detection or suppression—is not limited to airplanes equipped with Halon fire suppression. In addition, BMS 8-39 fire retardant properties, which deteriorate over time, can provide a fuel source for an ignition event in hidden areas of the airplane. We have therefore determined that UPS's package freighters are subject to the identified unsafe condition. We have not changed the final rule regarding this issue. Request To Revise Inspection Requirement Paragraph (g)(1) in the NPRM (77 FR 50411, August 21, 2012) would require replacement of the BMS 8-39 urethane foam seals with BMS 8-371 insulation foam or BMS 1-68 silicone foam rubber seals, in accordance with Boeing Special Attention Service Bulletin 747-25-3381, Revision 1, dated May 17, 2012. Japan Airlines

(JAL)noted that these actions include removal of a certain foam pad, as specified in Figure 16, View 1, of that service bulletin. JAL reported that the cargo light part number BR7203-701 does not contain any foam, and no foam was found installed around the cargo light. JAL concluded that it cannot identify the existence of the foam pad and therefore requested that we revise the NPRM to specify that this removal step would apply only if the foam pad exists. We agree to provide clarification on this issue. We have determined that some sort of padding should exist near the cargo light. If the pad has been removed, however, the operator can request approval of an alternative method of compliance for appropriate procedures in accordance with the provisions of paragraph

(j)of this AD. We have not changed the final rule regarding this issue. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously— and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM (77 FR 50411, August 21, 2012) for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM (77 FR 50411, August 21, 2012). We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Costs of Compliance We estimate that this AD affects 694 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Replacement—165 Model 747 airplanes Up to 432 work-hours × $85 per hour = $36,720 Up to $6,162 Up to $42,882 Up to $7,075,530. Replacement—399 Model 767 airplanes Up to 72 work-hours × $85 per hour = $6,120 Up to $3,967 Up to $10,087 Up to $4,024,713. Replacement—130 Model 777 airplanes 16 work-hours × $85 per hour = $1,360 $1,038 $2,398 $311,740. 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 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 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): **2013-11-04 The Boeing Company:** Amendment 39-17464; Docket No. FAA-2012-0856; Directorate Identifier 2012-NM-093-AD.

(a)Effective Date This AD is effective July 9, 2013.

(b)Affected ADs None.

(c)Applicability This AD applies to The Boeing Company airplanes, certificated in any category, identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD.

(1)Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes, as identified in Boeing Special Attention Service Bulletin 747-25-3381, Revision 1, dated May 17, 2012.

(2)Model 767-200, -300, -300F, and -400ER series airplanes, as identified in Boeing Special Attention Service Bulletin 767-25-0381, Revision 1, dated September 17, 2012.

(3)Model 777-200, -200LR, -300, and -300ER series airplanes, as identified in Boeing Special Attention Service Bulletin 777-25-0362, dated August 19, 2010.

(d)Subject Joint Aircraft System Component (JASC)/Air Transport Association

(ATA)of America Code 25, Equipment/furnishings.

(e)Unsafe Condition This AD was prompted by reports of burned Boeing Material Specification

(f)Compliance Comply with this AD within the compliance times specified, unless already done.

(g)BMS 8-39 Urethane Foam Seal Replacements Within 72 months after the effective date of this AD, do the actions specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, as applicable.

(1)For Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes: Replace the BMS 8-39 urethane foam seals (including doing a general visual inspection of the airplane sidewalls for air baffles, and of the BMS 8-39 urethane foam for penetrations (e.g., wire penetrations)) with BMS 8-371 insulation foam or BMS 1-68 silicone foam rubber seals, as applicable, in accordance with the Accomplishment Instructions and Appendix A, as applicable, of Boeing Special Attention Service Bulletin 747-25-3381, Revision 1, dated May 17, 2012.

(2)For Model 767-200, -300, -300F, and -400ER series airplanes: Perform a general visual inspection for the presence of BMS 8-39 urethane foam, cover the BMS 8-39 foam with cargo liner joint sealing tape in certain areas, replace certain BMS 8-39 foam pads with Nomex felt in certain areas, and replace BMS 8-39 urethane foam seals with BMS 8-371 insulation foam or BMS 1-68 silicone foam rubber seals, as applicable, in accordance with the Accomplishment Instructions and Appendix A, as applicable, of Boeing Special Attention Service Bulletin 767-25-0381, Revision 1, dated September 17, 2012.

(3)For Model 777-200, -200LR, -300, and -300ER series airplanes: Replace BMS 8-39 urethane foam seals with BMS 1-68 silicone foam rubber seals in the forward and aft cargo compartments of the airplane, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777-25-0362, dated August 19, 2010.

(h)Credit for Previous Actions

(1)For Groups 4 and 5 airplanes, as identified in Boeing Special Attention Service Bulletin 747-25-3381, Revision 1, dated May 17, 2012: This paragraph provides credit for the actions required by paragraph (g)(1) of this AD, if those actions were done before the effective date of this AD using Boeing Special Attention Service Bulletin 747-25-3381, dated August 19, 2010.

(2)For Model 767 airplanes: This paragraph provides credit for the actions required by paragraph (g)(2) of this AD, if those actions were done before the effective date of this AD using Boeing Special Attention Service Bulletin 767-25-0381, dated August 19, 2010.

(i)Parts Installation Prohibition As of the effective date of this AD, no person may install a BMS 8-39 urethane foam seal in any location identified in paragraphs (g)(1), (g)(2), and (g)(3), as applicable, of this AD.

(j)Alternative Methods of Compliance (AMOCs)

(1)The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be emailed to: *9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.*

(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.

(k)Related Information

(1)For more information about this AD, contact Eric M. Brown, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6476; fax: 425-917-6590; email: *Eric.M.Brown@faa.gov.*

(2)For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet *https://www.myboeingfleet.com.* You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

(l)Material Incorporated by Reference

(1)The Director of the Federal Register approved the incorporation by reference

(IBR)of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.

(i)Boeing Special Attention Service Bulletin 747-25-3381, Revision 1, dated May 17, 2012.

(ii)Boeing Special Attention Service Bulletin 767-25-0381, Revision 1, dated September 17, 2012.

(iii)Boeing Special Attention Service Bulletin 777-25-0362, dated August 19, 2010.

(3)For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet *https://www.myboeingfleet.com.*

(4)You may review copies of the 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.

(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 202-741-6030, or go to *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on May 16, 2013. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013-12717 Filed 6-3-13; 8:45 am]

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