Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Proposed Rules 56489 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend part 

39 of the Federal Aviation Regulations 

(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. Section 39.13 is amended by 

adding a new airworthiness directive to 

read as follows: 

Erickson Air-Crane Incorporated: Docket 

No. FAA–2010–0909; Directorate 

Identifier 2010–SW–026–AD. 

Applicability 

Model S–64F helicopters, with rotating 

swashplate assembly (swashplate), part 

number (P/N) 65104–11001–051, installed, 

certificated in any category. 

Compliance 

Required as indicated. 

To prevent loss of a swashplate due to a 

fatigue crack, loss of control of the main rotor 

system, and subsequent loss of control of the 

helicopter, do the following: 

(a) Within 15 hours time-in-service (TIS), 

unless accomplished previously, and 

thereafter at intervals not to exceed 15 hours 

TIS, clean and visually inspect the 

swashplate for a crack in areas A through F 

as depicted in Figure 1 of Erickson Air-Crane 

Incorporated Service Bulletin 64B10–10, 

Revision 2, dated April 1, 2008 (SB). 

(b) Within 150 hours TIS, unless 

accomplished previously, and thereafter at 

intervals not to exceed 150 hours TIS, clean 

the swashplate and, using a 10-power or 

higher magnifying glass, visually inspect for 

a crack in areas A through F as depicted in 

Figure 1 of the SB. 

(c) Within 1,000 hours TIS since the last 

fluorescent-penetrant inspection (FPI) and 

thereafter at intervals not to exceed 1,000 

hours TIS, remove the swashplate from the 

rotor head, disassemble and remove the paint 

from the swashplate, and FPI the swashplate 

for a crack in accordance with ATSM E1417, 

Type I, Methods A or C. 

(d) If a crack is found in the swashplate, 

before further flight, replace the swashplate 

with an airworthy swashplate. 

(e) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Rotorcraft 

Certification Office, Rotorcraft Directorate, 

ATTN: DOT/FAA Southwest Region, Michael 

Kohner, ASW–170, Aviation Safety Engineer, 

Fort Worth, Texas 76137, telephone 

(817) 222–5170, fax (817) 222–5783, for 

information about previously approved 

alternative methods of compliance. 

(f) The Joint Aircraft System/Component 

(JASC) Code is 6230: Main Rotor Mast/ 

Swashplate. 

Issued in Fort Worth, Texas, on September 

3, 2010. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–23097 Filed 9–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 555 

[Docket No. ATF 26A] 

RIN 1140–AA27 

Separation Distances of Ammonium 

Nitrate and Blasting Agents From 

Explosives or Blasting Agents (2002R– 

226P) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF), 

Department of Justice. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Department of Justice 

(Department) intends to amend the 

regulations of the Bureau of Alcohol, 

Tobacco, Firearms, and Explosives 

(ATF) to replace the regulations’ 

reference to an outdated guidance 

document. Based upon a petition ATF 

received, the Department wishes to 

gather information and comments from 

the public and industry about possible 

replacements for this guidance 

document. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before 

December 15, 2010. Commenters should 

be aware that the electronic Federal 

Docket Management System will not 

accept comments after Midnight Eastern 

Time on the last day of the comment 

period. 

ADDRESSES: Send comments to any of 

the following addresses— 

• Scott P. Armstrong-Cezar, Industry 

Operations Specialist, Room 6N–602, 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives, 99 New York Avenue, 

NE., Washington, DC 20226; ATTN: 

ATF 26A. Written comments must 

appear in a minimum 12 point size of 

type (.17 inches), include the 

commenter’s mailing address, be signed, 

and may be of any length. 

• 202–648–9741 (facsimile). 

• http://www.regulations.gov. Federal 

eRulemaking portal; follow the 

instructions for submitting comments. 

You may also view an electronic 

version of this advance notice at 

http://www.regulations.gov. 

See the Public Participation section at 

the end of the SUPPLEMENTARY

INFORMATION section for instructions and 

requirements for submitting comments. 

FOR FURTHER INFORMATION CONTACT: 

Scott P. Armstrong-Cezar, Enforcement 

Programs and Services, Bureau of 

Alcohol, Tobacco, Firearms, and 

Explosives, U.S. Department of Justice, 

99 New York Avenue, NE., Washington, 

DC 20226; telephone: (202) 648–7119. 

SUPPLEMENTARY INFORMATION: 

I. Background 

ATF is responsible for implementing 

title XI of the Organized Crime Control 

Act of 1970, 91 Public Law 452 (‘‘Title 

XI’’), which added chapter 40 

(‘‘Importation, Manufacture, 

Distribution and Storage of Explosive 

Materials’’) to title 18 of the United 

States Code. One of the stated purposes 

of title XI is to reduce the ‘‘hazard to 

persons and property arising from 

misuse and unsafe or insecure storage of 

explosive materials.’’ Under section 847 

of title 18, United States Code, the 

Attorney General ‘‘may prescribe such 

rules and regulations as he deems 

reasonably necessary to carry out the 

provisions of this chapter.’’ Regulations 

that implement the provisions of 

chapter 40 are contained in title 27, 

Code of Federal Regulations (CFR), part 

555 (‘‘Commerce in Explosives’’). 

The regulations at 27 CFR 555.220 set 

forth a table of separation distances of 

ammonium nitrate and blasting agents 

from explosives or blasting agents 

followed by six explanatory notes. Note 

three (3) states that the distances 

specified in the table ‘‘apply to 

ammonium nitrate that passes the 

insensitivity test prescribed in the 

definition of ammonium nitrate 

fertilizer issued by the Fertilizer 

Institute’’ in its ‘‘Definition and Test 

Procedures for Ammonium Nitrate 

Fertilizer.’’ The Fertilizer Institute (TFI) 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
56490 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Proposed Rules 

is a voluntary, non-profit trade 

association of the fertilizer industry that 

currently has more than 175 members. 

See Member Companies, The Fertilizer 

Institute, http://tfi.org/about/ 

company.cfm (last visited June 17, 

2010). Members include importers, 

wholesalers, retailers, and others 

involved in the fertilizer industry. Id. 

Many of TFI’s members handle and 

store ammonium nitrate fertilizer and 

may be affected by the regulations at 

section 555.220. 

The ‘‘Definition and Test Procedures 

for Ammonium Nitrate Fertilizer’’ 

guidance document was originally 

developed by the Agricultural Nitrogen 

Institute, a predecessor organization of 

TFI. See The Fertilizer Institute, 

Definition and Test Procedures for 

Ammonium Nitrate Fertilizer i (Aug. 

1984), available at http://www.atf.gov/ 

publications/download/hist/definitionand-test-procedures-for-ammoniumnitrate.pdf. As stated in the guidance 

document, in May of 1984 TFI 

assembled a task force of industry and 

government representatives and experts 

on the physical and chemical 

characteristics of ammonium nitrate 

fertilizer to review this publication and 

make any necessary changes. Id. Based 

on that review and the technical 

expertise and experience of the task 

force members, TFI published a revised 

edition of the guidance document, dated 

August 1984. Id. In the guidance 

document, ammonium nitrate fertilizer 

is defined as ‘‘solid ammonium nitrate 

containing a minimum of 33.0% 

nitrogen, having a minimum pH of 4.0 

in a 10% aqueous solution, 0.20% 

maximum carbon, 0.010% maximum 

elemental sulfur, 0.150% maximum 

chloride as Cl, or particulated elemental 

metals sufficient to release 4.60 ml, 

maximum, of hydrogen from 50.0 gram 

sample and which will pass the 

detonation resistance test in Section 2.0 

and the burning test in Section 4.0.’’ Id. 

at 1. 

II. The Fertilizer Institute Petition 

On March 19, 2002, TFI filed a 

petition with ATF requesting that the 

Federal explosives regulations at section 

555.220 be amended to remove the 

reference to the ‘‘Definition and Test 

Procedures for Ammonium Nitrate 

Fertilizer.’’ TFI explained that the 

‘‘Definition and Test Procedures for 

Ammonium Nitrate Fertilizer’’ is 

outdated because TFI last published the 

guidance document in 1984, TFI will 

not review or update it, and TFI cannot 

ensure that the procedures outlined in 

the guidance document are still valid. 

TFI recognizes that ATF may require an 

alternate method of determining the 

insensitivity of ammonium nitrate 

fertilizer and has suggested that ATF 

reference certain Department of 

Transportation (DOT) regulations. 

The DOT regulations include several 

definitions and two hazardous 

classifications (Class 5.1 and Class 9) for 

ammonium nitrate based fertilizers 

based on the amount of combustible 

material included in the fertilizer. (See 

49 CFR 172.101, 172.102, 173.127 and 

173.140). Class 5.1 ammonium nitrate 

fertilizer is defined as a uniform mixture 

with ammonium nitrate as the main 

ingredient within the following 

composition limits: (1) Not less than 90 

percent ammonium nitrate with not 

more than 0.2 percent combustible, 

organic material calculated as carbon, 

and with added matter, if any, that is 

inorganic and inert when in contact 

with ammonium nitrate, or (2) more 

than 70 percent but less than 90 percent 

ammonium nitrate with other inorganic 

materials, or more than 80 percent but 

less than 90 percent ammonium nitrate 

mixed with calcium carbonate and/or 

dolomite and/or mineral calcium 

sulphate, and not more than 0.4 percent 

total combustible, organic material 

calculated as carbon, or (3) ammonium 

nitrate-based fertilizers containing 

mixtures of ammonium nitrate and 

ammonium sulphate with more than 45 

percent but less than 70 percent 

ammonium nitrate, and not more than 

0.4 percent total combustible, organic 

material calculated as carbon such that 

the sum of the percentage of 

compositions of ammonium nitrate and 

ammonium sulphate exceeds 70 

percent. Class 9 ammonium nitrate 

fertilizer is defined as a uniform, 

ammonium nitrate based fertilizer 

mixture containing nitrogen, phosphate, 

or potash with not more than 70 percent 

ammonium nitrate and not more than 

0.4 percent total combustible, organic 

material calculated as carbon or with 

not more than 45 percent ammonium 

nitrate and unrestricted combustibles. 

See 49 CFR 172.101 and 172.102(c)(1) 

special provisions 150, 132 for more 

information. To determine whether a 

material falls within Class 5, Division 

5.1, DOT requires regulated parties to 

conduct tests in accordance with the 

United Nations (UN) Manual of Tests 

and Criteria. See 49 CFR 173.127(a) for 

additional information. 

III. Discussion 

ATF is requesting information from 

explosives industry members, trade 

associations, consumers, and all other 

interested parties to determine whether 

a replacement reference for TFI’s 

ammonium nitrate guidance document 

is necessary and, if so, whether there are 

alternate methods available to 

determine the insensitivity of 

ammonium nitrate fertilizer. 

Although ATF is soliciting comments 

on the following specific questions, it is 

also requesting any relevant information 

on the subject. 

1. Should ATF adopt the Department 

of Transportation (DOT) regulations for 

classifying ammonium nitrate fertilizer 

in accordance with the UN Manual of 

Tests and Criteria? If not, are there 

existing reduced-sensitivity tests that 

could be used to replace TFI’s definition 

and reduced-sensitivity test procedures? 

If so, have these test procedures 

demonstrated consistent, reproducible, 

and accurate results? 

2. What are manufacturers currently 

using to establish the sensitivity or 

reduced sensitivity of ammonium 

nitrate fertilizer or other oxidizing 

materials? 

3. If no current test procedures are 

found suitable, should ATF convene an 

explosives study group to create a viable 

reduced-sensitivity test standard? 

4. Assuming ATF initiates a study, 

which organizations or individuals 

should be included in the study group 

or consulted prior to implementing a 

new test procedure? 

5. What criteria should be established 

to accurately characterize insensitive 

ammonium nitrate fertilizer or other 

oxidizing materials? Should testing 

results for each material be quantified in 

a specific unit of measure for evaluation 

against other materials? 

6. What test procedures should be 

included in a possible reducedsensitivity test of ammonium nitrate 

fertilizer and other oxidizing materials? 

7. Should a new reduced-sensitivity 

test be applied to test previously 

evaluated ammonium nitrate products? 

8. Who should be responsible for the 

reduced-sensitivity certification of 

ammonium nitrate fertilizer and other 

oxidizing materials? Should each 

company conduct self-certified testing 

or should the testing be overseen by 

government regulators or independent 

scientific laboratories applying mutually 

accepted standards and procedures 

under the guidance of government 

oversight and regulation? 

9. What would be the cost burden 

imposed on manufacturers required to 

implement their own testing program? 

What would be the industry cost burden 

associated with a government testing 

program? 

10. Should materials found to 

demonstrate reduced sensitivity have 

their own storage requirements? If so, 

what requirements would be sufficient 

to protect them? 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Proposed Rules 56491 

How This Document Complies With the 

Federal Administrative Requirements 

for Rulemaking 

This action is an Advance Notice of 

Proposed Rulemaking (ANPRM). 

Because it is not a ‘‘significant 

regulatory action’’ within the meaning of 

Executive Order 12866, the Executive 

Order’s requirement of cost-benefit 

assessment does not apply. ATF is 

publishing this ANPRM to seek 

information from the public about a 

replacement document for the 

‘‘Definition and Test Procedures for 

Ammonium Nitrate Fertilizer.’’ 

Similarly, the requirements of section 

603 of the Regulatory Flexibility Act do 

not apply to this action because, at this 

stage, it is an ANPRM and not a ‘‘rule’’ 

as defined in section 601 of the 

Regulatory Flexibility Act. Following 

review of the comments received in 

response to this ANPRM, if ATF 

promulgates a notice or notices of 

proposed rulemaking regarding this 

matter, ATF will conduct all analyses 

required by the Regulatory Flexibility 

Act, Executive Order 12866, and any 

other statutes or Executive Orders 

relevant to those rules and in effect at 

the time of promulgation. 

Public Participation 

A. Comments Sought 

ATF is requesting comments on this 

advance notice of proposed rulemaking 

from all interested persons. ATF is also 

specifically requesting comments on the 

clarity of this advance notice and how 

it may be made easier to understand. 

All comments must reference this 

document docket number (ATF 26A), be 

legible, and include the commenter’s 

name and mailing address. ATF will 

treat all comments as originals and it 

will not acknowledge receipt of 

comments. 

Comments received on or before the 

closing date will be carefully 

considered. Comments received after 

that date will be given the same 

consideration if it is practical to do so, 

but assurance of consideration cannot 

be given except as to comments received 

on or before the closing date. 

B. Confidentiality 

Comments, whether submitted 

electronically or in paper format, will be 

made available for public viewing at 

ATF, and on the Internet as part of the 

eRulemaking initiative, and are subject 

to the Freedom of Information Act. 

Commenters who do not want their 

name or other personal identifying 

information posted on the Internet 

should submit their comment by mail or 

facsimile, along with a separate cover 

sheet that contains their personal 

identifying information. Both the cover 

sheet and comment must reference this 

docket number. Information contained 

in the cover sheet will not be posted on 

the Internet. Any personal identifying 

information that appears within the 

comment will be posted on the Internet 

and will not be redacted by ATF. 

Any material that the commenter 

considers to be inappropriate for 

disclosure to the public should not be 

included in the comment. Any person 

submitting a comment shall specifically 

designate that portion (if any) of his 

comment that contains material that is 

confidential under law (e.g., trade 

secrets, processes, etc.). Any portion of 

a comment that is confidential under 

law shall be set forth on pages separate 

from the balance of the comment and 

shall be prominently marked 

‘‘confidential’’ at the top of each page. 

Confidential information will be 

included in the rulemaking record but 

will not be disclosed to the public. Any 

comments containing material that is 

not confidential under law may be 

disclosed to the public. In any event, the 

name of the person submitting a 

comment is not exempt from disclosure. 

C. Submitting Comments 

Comments may be submitted in any of 

three ways: 

• Mail: Send written comments to the 

address listed in the ADDRESSES section 

of this document. Written comments 

must appear in a minimum 12 point size 

of type (.17 inches), include the 

commenter’s mailing address, be signed, 

and may be of any length. 

• Facsimile: Submit comments by 

facsimile transmission to (202) 648– 

9741. Faxed comments must: 

(1) Be legible and appear in a 

minimum 12 point size of type (.17 

inches); 

(2) Be on 81⁄2′′ x 11′′ paper; 

(3) Contain a legible, written 

signature; and 

(4) Be no more than five pages long. 

ATF will not accept faxed comments 

that exceed five pages. 

• Federal eRulemaking Portal: 

Submit comments to ATF via the 

Federal eRulemaking portal by visiting 

http://www.regulations.gov and 

following the instructions for submitting 

comments. 

Disclosure 

Copies of the petition, this advance 

notice, and the comments received will 

be available for public inspection by 

appointment during normal business 

hours at: ATF Reading Room, Room 1E– 

063, 99 New York Avenue, NE., 

Washington, DC 20226; telephone (202) 

648–7080. 

Drafting Information 

The author of this document is Scott 

P. Armstrong-Cezar; Enforcement 

Programs and Services; Bureau of 

Alcohol, Tobacco, Firearms, and 

Explosives. 

List of Subjects in 27 CFR Part 555 

Administrative practice and 

procedure, Authority delegations, 

Customs duties and inspection, 

Explosives, Hazardous materials, 

Imports, Penalties, Reporting and 

recordkeeping requirements, Safety, 

Security measures, Seizures and 

forfeitures, Transportation, and 

Warehouses. 

Authority and Issuance 

This notice is issued under the 

authority of 18 U.S.C. 847. 

Approved: September 3, 2010. 

Kenneth E. Melson, 

Deputy Director. 

[FR Doc. 2010–23042 Filed 9–15–10; 8:45 am] 

BILLING CODE 4410–FY–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 1060 

[EPA–HQ–OAR–2010–0270; FRL–9202–3] 

RIN 2060–AQ18 

Technical Amendments for Marine 

Spark-Ignition Engines and Vessels 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In the final rulemaking for 

new exhaust and evaporative emissions 

standards for nonroad spark-ignition 

engines, vessels, and equipment (73 FR 

59034, October 8, 2008), EPA 

established first-ever evaporative 

emissions standards for marine vessels. 

These requirements included portable 

marine fuel tanks commonly used in 

recreational boating. During their efforts 

to certify portable fuel tanks to these 

new requirements, manufacturers 

working together on systems integration 

identified several technical issues with 

the performance of the tanks/fuel 

systems in use that were not fully 

apparent to them before these standards 

were developed. Systems integration 

work conducted by the fuel tank, boat 

and engine manufacturers highlighted 

that under some circumstances there 

was the potential for fuel spillage to 

occur. Work conducted by these parties 


erowe on DSK5CLS3C1PROD with PROPOSALS-1