SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY 40 CFR PART 167 1. Identification of the Information Collection 1( a) Title of the Information Collection Application for Registration of Pesticide Producing Establishments ( EPA Form 3540 8); Notification of Registration of Pesticide Producing Establishments and Pesticide Report for Pesticide Producing Establishments ( EPA Form 3540 16). EPA ICR Number: 0160.08 1( b) Short Characterization / Abstract The Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA) section 7( a) requires that any person who produces pesticides or active ingredients subject to the Act must register with the Administrator of EPA the establishment in which the pesticide is produced. This section further requires that the application for registration of any establishment shall include the name and address of the establishment and of the producer who operates such an establishment. EPA Form 3540 8, Application for Registration of Pesticide Producing Establishments, is used to collect the establishment registration information required by this section.

FIFRA section 7( c) requires that any producer operating an establishment registered under section 7 report to the Administrator within 30 days after it is registered, and annually thereafter by March 1st for certain pesticide/ device production and sales/ distribution information. The producers must report which types and amounts of pesticides, active ingredients, or devices are currently being produced, were produced during the past year, sold or distributed in the past year. The supporting regulations at 40 CFR Part 167 provide the requirements and time schedules for submitting production information. EPA Form 3540 16, Pesticide Reports for Pesticide Producing Establishments, is used to collect the pesticide production information required by section 7( c) of FIFRA.

Establishment registration information, collected on EPA Form 3540 8, is a one time requirement for all pesticide producing establishments. Pesticide production information, reported on EPA Form 3540 16, is required to be submitted within 30 days of receipt of the Notification of Registration of Pesticide Producing Establishments, and annually thereafter on or before March 1.

Attached are copies of: ( 1) Forms 3540 8 and 3540 16; ( 2) instructions for their completion; ( 3) section 7 of FIFRA; and ( 4) 40 CFR Part 167 ( 1998), to further explain the establishment registration and reporting requirements.  2

2. Need for and Use of the Collection 2( a) Need / Authority for the Collection FIFRA section 7 states that required pesticide production information be reported annually as required under regulations ( 40 CFR 167) as the Administrator may prescribe.

2( b) Practical Utility / Users of the Data The purpose of this reporting requirement is to obtain pesticide production information. The EPA requires this information in order to maintain current and complete records of the locations of all pesticide producing establishments. This information provides an overview of establishments engaged in pesticide activities and allows the Agency to target establishments for inspections with optimal utilization of limited inspection resources. Such production information permits EPA to trace ineffective, contaminated, or otherwise violative products to their source, and minimizes any adverse environmental impact that might arise from the production or distribution of violative products. If this information were not collected the Agency would be unable to meet the statutory requirements of FIFRA.

The Office of Compliance ( OC) in the Office of Enforcement and Compliance Assurance ( OECA) collects the establishment and pesticide production information for compliance purposes and risk assessment. This information is used by EPA Regional pesticide enforcement and compliance staffs, the OC, the Office of Civil Enforcement ( OCE), and the Office of Pesticide Programs ( OPP) within the Office of Prevention, Pesticides and Toxic Substances ( OPPTS), as well as the U. S. Department of Agriculture ( USDA), the Food and Drug Administration ( FDA), other Federal agencies, States under Cooperative Enforcement Agreements, and the public.

EPA Headquarters, Regions, and the States use the data for targeting inspection activities, compliance and outreach, and enforcement actions. Establishment registration and production data are used to: identify where specific pesticides are made; target inspections in response to tips or complaints of producer violations; determine where violative products found in the marketplace were produced, thus facilitating recalls of problem products; facilitate the issuance of Stop Sale, Use, or Removal Orders for violative products; help locate production sites of canceled or suspended products; and assist in notifying producers of regulatory actions or requirements.

3. Nonduplication, Consultations and Other Collection Criteria 3( a) Nonduplication No agency besides EPA, nor any other program within EPA, requests this information. The Agency, under section 29 of FIFRA, does collect a subset of production data for conditionally registered pesticides only. However, this production data for conditionally registered pesticides does not fulfill the requirements of section 7 of FIFRA. Therefore, no  3

duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB The Federal Register notice required by 5 CFR 1320.8( d) was published January 26, 2005 at 70 FR 3700 3701.

3( c) Consultations Two comments were received in response to the Federal Register Notice. One comment was submitted by a private citizen and the other was submitted by an organization representing private companies affected by this ICR. These comments are addressed separately below.

The private citizen expressed concern as to whether this Information Collection represented any utility to the Agency. This concern is directly answered in Section 2 of this Supporting Statement, that details the need and use of the data collected under this ICR.

The private industry organization Biotechnology Industry Organization ( BIO) submitted comments directed toward the applicability of this ICR to plant incorporated protectants ( PIPs). BIO stated that the provisions of FIFRA section 7 are inapplicable to PIPs and the plants that produce them, or, alternatively, that PIPs and the plants that produce them should be excluded from establishment registration and production reporting under FIFRA section 7.

PIPs comprise pesticidal substances produced inside living plants and the genetic material necessary for their production, and also any inert ingredients contained in the plant or the produce thereof. EPA regulates PIPs under the statutory authorities that it uses to regulate pesticides. See Regulations Under the Federal Insecticide, Fungicide, and Rodenticide Act for Plant Incorporated Protectants, 66 Fed. Reg. 37772 ( July 19, 2001). The issues raised by BIO were addressed in the ICR for the July 19, 2001, PIPs rule: " The final rule does not otherwise contain any new information collection requirements that require additional review and approval by the Office of Management and Budget ( OMB) under the Paperwork Reduction Act ( PRA) ( 44 U. S. C. 3501 et seq.) in accordance with the procedures at 5 CFR 1320.11. The clarifications contained in the final rule that are related to information collection activities that are part of registration activities, e. g., data requirements for pesticide registrations, are already approved by OMB under the PRA and that approval is not impacted by the clarification provided in the final rule. Information collection activities related to pesticide registration are approved under OMB Control Nos. 2070 0060, 2070 0024, 2070 0040." ( EPA ICR # 1693.02; OMB Control # 2070 0142)."

EPA recognizes that there are issues associated with how section 7 applies to PIPs and will continue working closely with industry to address its concerns. However, as discussed above, FIFRA section 7 does apply to PIPs. EPA has been regularly receiving registrations of PIP producing establishments and has regularly received reports regarding PIP production. PIP producer registrations and reports are part of the aggregate total burden estimated by this ICR.  4

3( d) Effects of Less Frequent Collection EPA Form 3540 8 is a one time requirement for information used to register pesticide producing establishments. EPA Form 3540 16 must be submitted by all establishments subject to section 7 of FIFRA, 30 days after notification of the initial assignment of an establishment registration number, and thereafter on an annual basis. The statute dictates the time schedule in which reporting must occur. Therefore, EPA could not carry out the requirements of the statute if EPA collected such data on a less frequent reporting schedule.

Additionally, if the information were not submitted, the EPA would be unable to fulfill its statutory responsibilities relative to the review and registration of pesticides and the protection of human health and the environment.

3( e) General Guidelines None of the reporting or record keeping requirements contained in 40 CFR 167 or otherwise pertinent to this request violate any of the regulations established by OMB in 5 CFR 1320.6.

3( f) Confidentiality The information collected on EPA Form 3540 8 does not involve any confidentiality concerns or sensitive questions. However, pesticide producers must report certain confidential business information ( CBI) on EPA Form 3540 16, including the amounts of pesticides produced, sold, and distributed, under FIFRA section 7 requirements. EPA safeguards trade secrets in accordance with FIFRA sections 7( d) and 10. The Agency's copies of individual firms' reports are stored in secure file cabinets within CBI security areas. Confidential business information pertaining to specific data on any one firm cannot be released to the public.

3( g) Sensitive questions This information collection activity does not involve any questions of a sensitive nature.

4. The Respondents and the Information Requested 4( a) Respondents NAICS Codes Establishments producing pesticide products, pesticide chemical ingredients, and devices are subject to FIFRA. The six digit sector/ sub sector United States North American Industry Classification System ( NAICS) Codes assigned to the businesses and other institutions participating in this program include primarily Manufacturing, Sectors 31 33; and Agricultural, Forestry, Fishing & Hunting, Sector 11.  5

4( b) Information Requested ( i) Data Items All data in this ICR that is recorded is required by section 7 of FIFRA and the supporting regulations at 40 CFR 167. Under this requirement producers of pesticides must report to the Agency annually the amounts of pesticides produced, repackaged, relabeled; the amount sold or distributed in U. S. markets; the amount sold or distributed in Foreign markets; and the amount anticipated to be produced in the following year.

( ii) Respondent Activities S Read instructions ( provided with each EPA Form)

S Plan the reporting activity S Gather information S Plan and review information for accuracy S Store, file and maintain the information During the course of normal business operations, a producer would plan and maintain the information required to comply with this information collection activity, arrange for the collection, review the information for accuracy, and arrange to maintain or store the information. The information required to be reported is information that the producer would generally maintain as prudent business practices. The Agency does not specify in the regulation how the data to be gathered must be organized, however, the Agency does supply a reporting form which provides for the reporting of the required information in a consistent manner.

5. The Information Collected   Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities In this collection the Agency will: 1) answer companies' and producers' questions; 2) will review the data collected; 3) provide appropriate protection of confidential business information; and 4) store collected data both electronically and in paper file system.

5( b) Collection Methodology and Management Producers determine how to best comply with the requirements for record keeping under FIFRA section 7. They may collect and store the required data electronically or by paper copy.

The Agency in turn annually provides forms for pesticide producing establishments to report their collected and stored information.

5( c) Small Entity Flexibility  6

The information collected under this ICR does not significantly impact small businesses, since the information being reported is that which their records would be considered as " customary and usual business activities." To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced. However, even though the record keeping and reporting requirements are the same for small and large businesses, the Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small businesses.

5( d) Collection Schedule The collection schedule established in the regulations at 40 CFR 167.85( d) requires that each producer report pesticide production information within 30 days of receipt of the Notification of assignment of their establishment number ( EPA Form 3540 8A) from the Agency; thereafter, each produced is required to report their pesticide production information by March 1st annually. The Agency normally mails out reporting forms each December in order to provide enough time for producers to comply with the reporting requirements by the March 1 date.

6. Estimating the Burden and Cost of the Collection 6( a) Estimating Respondent Burden The estimates for EPA Form 3540 8 are based on discussions with the industry. The onetime submission of information is of such a nature as to demand no research of company records or calculations; it is easily completed by clerical personnel and reviewed and signed by a company officer. The completion of the application rarely exceeds the estimated hourly rate. See Table 1 for respondent burden estimates.

Burden estimates for EPA Form 3540 16 are based on the results of interviews with a cross section of industry respondents. We asked six industry representatives of the respondent universe  small businesses, firms with multiple establishments, and repackagers  to estimate the amount of time they typically spent gathering, compiling, and filling out information for the report.

From these interviews we learned that, generally, the information is already assembled and compiled so filling out the form involves little burden. See Table 2 for the respondent burden estimates for EPA Form 3540 16.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs Since the regulation and associated information collection has a minor economic impact on respondents, a regulatory impact analysis was not conducted.. This ICR uses estimates of labor rates and associated costs based on Department of Commerce Bureau of Labor Statistics  7

estimates. Specifically this ICR uses the November, 2003 National Industry Specific Occupational Employment and Wage Estimates for the industry NAICS code 325300 ( Pesticide, Fertilizer and other Agricultural Chemical Manufacturing, which is presumed to dominate this sector. Although the NAICS code 115100 also applies to this ICR, but since the sector 115100 wage estimates are slightly lower than sector 325300, this ICR errs on the side of overestimating wage costs.). The mean hourly wage rates for NAICS code 325300 were: management, $ 45.25; technical ( engineering), $ 32.22; and clerical ( administrative), $ 15.24. A factor of 1.10 was added to adjust for benefit costs, and an additional inflation factor of 1.05 was included ( from the CPI calculator located at the Department of Commerce web site.) with respective total wage costs of $ 99.78, $ 71.05, and $ 33.60.

Application for Registration of Pesticide Producing Establishments ( EPA Form 3540 8):

Public reporting burden for this collection of information is estimated to average 0.30 hours ( 18 minutes) per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing the review and collection of information.

Notification of Registration of Pesticide Producing Establishments ( EPA Form 3540 8A):

There is no public reporting burden for this information.

Pesticide Report for Pesticide Producing Establishments ( EPA Form 3540 16)

Public reporting burden for this collection of information is estimated to average 1.43 hour ( 1 hour and 26 minutes) per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing the review and collection of information.

See Tables 1 and 2 for the respondent cost estimates for EPA Forms 3540 8 and 3540 16, respectively. There is no cost to the respondent for EPA Form 3540 8A.

( ii) Estimating Capital and Operations and Maintenance Costs The only type of industry costs associated with the ICR activity in the standards are labor costs.

( iii) Capitol/ Start up  vs Operating and Maintenance ( O& M) Costs This is not applicable as there are no capital/ start up costs.

6( c) Estimate of Agency Burden and Costs The costs to the Government for the Application for Registration of Pesticide Producing Establishments ( EPA Form 3540 8), and the Notification of Registration of Pesticide Producing  8

Establishments ( EPA Form 3540 8A) are based on one work year to review and process applications. Other direct costs are limited to printing costs for instructions and reporting forms, review of the data, mailing costs, etc. The number of respondents ( 700) are estimated based on the average annual number of applicants registering establishments over past three year periods. See Table 3 for Agency burden and cost estimates.

The costs to the Government for the Pesticide Report for Pesticide Producing Establishments ( EPA Form 3540 16) is based on one work year to review and process production reports. Other direct costs are limited to printing costs for instructions and reporting forms. The number of respondents is the number of active pesticide producing establishments registered with EPA ( 13,000) See Table 4 for Agency burden and cost estimates.

This ICR consolidated all government labor costs to that of a GS 13 step 1, as the bulk of the work is performed at this level. The minor shares of burden carried by management and clerical staff have been judged approximately equal and thus balance out if the entire burden is estimated at the GS 13/ 1 level.

The estimates for Agency costs for EPA Forms 3540 8, 3540 8A, and 3540 16 are shown in Tables 3 and 4, respectively.

6( d) Estimating the Respondents Universe and Total Burden and Costs As of December, 2004, there were 13,000 active pesticide producing establishments registered with EPA. While the actual number of registered establishments fluctuates somewhat, the average over the past three year period has appeared to stabilize approximately at the present level. For purposes of this ICR, EPA assumes that the number of newly registered establishments in any period of time will approximately equal the number of currently registered establishments going out of business. The total annual labor costs are $ 14,021 + $ 1,226,940 = $ 1,240,961. Details upon which this estimate is based appear in Tables 1 & 2: Respondent Burden.  9

6( e) Bottom Line Burden Hours and Cost Tables Table 1 Respondent Burden Hours and Costs for Application for Registration of Pesticide Producing Establishments ( EPA Form 3540 8)

ACTIVITIES ANNUAL BURDEN HOURS TOTAL HOURS TOTAL COST $ Mgmt Tech Cler $ 100 $ 71 $ 34 a. Read or Hear Any Instructions 14 21 0 35 $ 2,891 b. Plan Activities 0 0 0 0 $ 0 c. Create Information 0 0 0 0 $ 0 d. Gather Information 0 0 0 0 $ 0 e. Process, Compile, and Review the Information 0 35 0 35 $ 2,485 f. Complete Written Form( s) 0 70 0 70 $ 4,970 g. Record, Disclose, Display, or Report the Information 0 35 0 35 $ 2,485 h. Store, File, or Maintain the Information 0 0 35 35 $ 1,190 TOTAL 14 161 35 210 $ 14,021 Annual Burden Hour total = 210* Annual Cost total = $ 14,021*

* assumes 700 responses annually *** NOTE: Numbers in the Tables ( 1 4) may vary slightly because of a rounding factor.  10

Table 2 Respondent Burden Hours and Costs for Pesticide Report for Pesticide Producing Establishments ( EPA Form 3540 16)

ACTIVITIES ANNUAL BURDEN HOURS TOTAL HOURS TOTAL COST $ Mgmt Tech Cler $ 100 $ 71 $ 34 a. Read or Hear Any Instructions 1300 1950 0 3250 $ 268,450 b. Plan Activities 1300 1950 0 3250 $ 268,450 c. Create Information 0 0 0 0 $ 0 d. Gather Information 0 2080 0 2080 $ 147,680 e. Process, Compile, and Review the Information 0 2210 0 2210 $ 156,910 f. Complete Written Form( s) 0 3250 0 3250 $ 230,750 g. Photocopying Form( s) 0 0 1300 1300 $ 44,200 h. Record, Disclose, Display, or Report the Information 0 0 2210 2210 $ 75,140 i. Store, File, or Maintain the Information 0 0 1040 1040 $ 35,360 TOTAL 2600 11440 4550 18590 $ 1,226,940 Annual Burden Hour total = 18,590* Annual Cost total = $ 1,226,940*

* assumes 13,000 responses annually *** NOTE: Numbers in the Tables ( 1 4) may vary slightly because of a rounding factor.  11

Table 3 Annual Agency Burden/ Cost Estimates for Application and Notification for Pesticide Producing Establishments ( EPA Form 3540 8 and EPA Form 3540 8A)

ACTIVITIES ANNUAL BURDEN HOURS TOTAL COSTS $

a. Preparation for Printing of Reporting Forms and Instructions 90 $ 6,772 b. Respond to Inquiries 1120 $ 84,269 c. Review Information for Accuracy 520 $ 39,125 d. Record Form Submission and Assign Establishment Number 185 $ 13,919 e. Store and Maintain Data 140 $ 10,534 f. Prepare Notification 195 $ 14,672 TOTAL 2330 $ 175,309 Other Annual Agency Costs* associated with Table 3:

1. Printing of Reporting Forms and Instructions. . . . . $ 1,166 2. Purchase Cost of Mailing Envelopes. . . . . . . . . . $ 117 3. Postal Mailing Costs. . . . . . . . . . . . . . . . . $ 408 Other Annual Total Costs . . . . . . . $ 1,691 * Other Agency Annual Costs were estimated by adjusting the previous ICR for number of respondents and inflation.

Burden Cost + Other costs are: $ 175,309 + $ 1,691 = $ 177,000 *** NOTE: Numbers in the Tables ( 1 4) may vary slightly because of a rounding factor.  12

Table 4. Annual Agency Burden Cost Estimates for Pesticide Report for Pesticide Producing Establishments ( EPA Form 3540 16)

ACTIVITIES ANNUAL BURDEN HOURS ANNUAL COST a. Preparation for Printing of Reporting Forms and Instructions 90 $ 6,772 b. Respond to Inquiries 1375 $ 103,455 c. Review Information for Accuracy 1050 $ 79,002 d. Record and Enter Data into Electronic Database 1060 $ 79,754 e. Store and Maintain Data 430 $ 32,353 f. Prepare Annual Solicitation/ Mailings 130 $ 9,781 TOTAL 4135 $ 311,117 Other Annual Agency Costs associated with Table 4:

1. Printing of Report Form and Instructions. . . . . . . $ 1,160 2. Mailing Envelope Costs. . . . . . . . . . . . . . . . $ 1,391 3. Postage Mailing Costs . . . . . . . . . . . . . . . . $ 17,388 Other Annual Agency Costs . . . . . . $ 19,939 Burden Cost + Other Costs are: $ 311,117 + $ 19,939 = $ 331,056 * Other Agency Annual Costs were estimated by adjusting the previous ICR for number of respondents and inflation.

$ 177,000 ( Table # 3) + $ 331,056 ( Table # 4) = $ 508,056 COMBINED AGENCY BURDEN COSTS FOR THIS ICR = $ 508,056 *** NOTE: Numbers in the Tables ( 1 4) may vary slightly because of a rounding factor.

6( f) Program Changes and Adjustments  13

No program changes occurred affecting the burden estimates of this ICR. Adjustments to the burden estimates per response resulted from ( 1) adjustments in the salary computation for industry to reflect current wage scales, ( 2) adjustments in the salary computation for Agency personnel to reflect current wage scales, ( 3) adjustments for inflation, and ( 4) adjustment to the number of respondents.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 1.45 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OECA 2004 0053, which is available for public viewing at the Enforcement and Compliance Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center 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 Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket is ( 202) 564 1927). An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( OECA 2004 0053) and OMB control number ( 2070 0078) in any correspondence.

Part B of the Supporting Statement This part is not applicable to this collection.


[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Proposed Rules]
[Pages 16100-16102]
[FR Doc No: 2016-06530]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5247; Directorate Identifier 2015-SW-008-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model BO-105LS
A-3 helicopters. This proposed AD would require inspecting the
helicopter records to determine if there is a life limit for the
tension-torsion (TT) straps installed in the helicopter lifting system,
establishing a life limit if there is not one, and replacing each TT
strap that has met or exceeded its life limit. This proposed AD is
prompted by an error in the Airworthiness Limitations section of the
Model BO-105LS A-3 maintenance manual. The proposed actions are
intended to prevent failure of a TT strap and subsequent loss of
control of a helicopter.

DATES: We must receive comments on this proposed AD by May 24, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5247; 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 this proposed AD, the European Aviation Safety Agency (EASA)
AD, the economic 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.
    For service information identified in this proposed rule, contact
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
http://www.airbushelicopters.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, Texas
76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy, Fort Worth, Texas 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, issued EASA AD No. 2015-0042, dated March 9, 2015, to
correct an unsafe condition for Airbus Helicopters Model BO105 LS A-3
helicopters.

EASA advises that life limits have been introduced for TT strap part
number (P/N) 2604067 and P/N 117-14110 installed on the helicopter
lifting system. During a revision of the Airworthiness Limitations
section of the Model BO105LS A-3 maintenance manual, the life limit for
the TT strap was inadvertently deleted. Accordingly, EASA issued AD No.
2015-0042 to correct this error. EASA AD No. 2015-0042 requires
replacing TT straps upon reaching their life limit and entering the
life limit into the aircraft maintenance manual. EASA states that
failure to comply with the life limit could result in an unsafe
condition.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Germany and are approved for operation in the United States. Pursuant
to our bilateral agreement with Germany, EASA, its technical
representative, has notified us of the unsafe condition described in
its AD. We are proposing this AD because we evaluated all known
relevant information and determined that an unsafe condition is likely
to exist or develop on other products of the same type design.

Related Service Information

    Airbus Helicopters issued Alert Service Bulletin ASB BO105LS-10A-
013, Revision 0, dated March 9, 2015 (ASB). The ASB specifies adding a
life limit for the TT strap P/N 2604067 or 117-14110 of 25,000 flights
or 10 years, whichever occurs first, in the list of life-limited parts
and corresponding log cards. The ASB also states TT straps that have
exceeded the retirement time must be replaced and that only TT straps
that have not exceeded the retirement time may be installed.

Proposed AD Requirements

    This proposed AD would require, within 20 hours time-in-service:
     Inspecting the Airworthiness Limitations section of the
applicable maintenance manual or Instructions for Continued
Airworthiness (ICA) and the component history card or equivalent record
for each TT strap and determining whether those records specify a life
limit of 25,000 flights or 10 years since the date of manufacture,
whichever occurs first.
    [cir] If the records do not specify a life limit for each TT strap
or if they specify a different life limit than required, revising the
Airworthiness Limitations section of the applicable maintenance manual
or ICA by establishing a life limit of 25,000 flights or 10 years since
date of manufacture, whichever occurs first.
    [cir] Creating a component history card or equivalent record for
each TT strap, if one does not exist, and recording a life limit of
25,000 flights or 10 years since date of manufacture, whichever occurs
first.
     Removing from service each TT strap that has reached or
exceeded its life limit.

Differences Between This Proposed AD and the EASA AD

    This proposed AD would require compliance within 20 hours TIS. The
EASA AD allows 2 months to calculate the flight cycles or calendar time
of each TT strap.

Costs of Compliance

    We estimate that this proposed AD would affect 8 helicopters of
U.S. Registry. Labor costs are estimated at $85 per hour. We estimate
that it would take 2 work hours to inspect and revise the Airworthiness
Limitations section and to calculate and record a life limit for the TT
strap for a total cost of $170 per helicopter and $1,360 for the fleet.
If a TT strap is replaced, we estimate it would take 8 work hours and
$16,617 for required parts for a total cost of $17,297 per helicopter
per TT strap.

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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus Helicopters Deutschland GmbH Helicopters: Docket No. FAA-
2016-5247; Directorate Identifier 2015-SW-008-AD.

(a) Applicability

    This AD applies to Model BO-105LS A-3 helicopters with a tension
torsion (TT) strap part number (P/N) 2604067 or P/N 117-14110
installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a TT strap remaining in
service beyond its fatigue life. This condition could result in
failure of a TT strap and loss of control of a helicopter.

(c) Comments Due Date

    We must receive comments by May 24, 2016.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 20 hours time-in-service:
    (1) Inspect the Airworthiness Limitations section of the
applicable maintenance manual or Instructions for Continued
Airworthiness (ICA) and the component history card or equivalent
record for TT strap P/N 2604067 and P/N 117-14110. Determine whether
those records specify a life limit of 25,000 flights or 10 years
since the date of manufacture, whichever occurs first.
    (2) If the Airworthiness Limitations section of the applicable
maintenance manual or ICA or the component history card or
equivalent record do not specify a life limit for the TT strap, or
if they specify a different life limit than in paragraph (e)(1), do
the following:
    (i) Revise the Airworthiness Limitations section of the
applicable maintenance manual or ICA by establishing a life limit of
25,000 flights or 10 years since date of manufacture, whichever
occurs first, for each TT strap P/N 2604067 and P/N 117-14110 by
making pen-and-ink changes or by inserting a copy of this AD into
the Airworthiness Limitations section of the maintenance manual or
the ICA. For purposes of this AD, a flight would be counted anytime
the helicopter lifts off into the air and then lands again
regardless of the duration of the landing and regardless of whether
the engine is shut down.
    (ii) Create a component history card or equivalent record for
each TT strap P/N 2604067 and P/N 117-14110, if one does not exist,
and record a life limit of 25,000 flights or 10 years since date of
manufacture, whichever occurs first.
    (3) Remove from service each TT strap that has reached or
exceeded its life limit.

(f) Special Flight Permit

    Special flight permits are prohibited.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to Matt Fuller, Senior Aviation
Safety Engineer, Safety Management Group, Rotorcraft Directorate,
FAA, 10101 Hillwood Pkwy, Fort Worth, Texas 76177; telephone (817)
222-5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(h) Additional Information

    (1) Airbus Helicopters Alert Service Bulletin ASB BO105LS-10A-
013, Revision 0, dated March 9, 2015, which is not incorporated by
reference, contains additional information about the subject of this
AD. For service information identified in this AD, contact Airbus
Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone
(972) 641-0000 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.airbushelicopters.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX
76177.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2015-0042, dated March 9, 2015. You may
view the EASA AD on the Internet at http://www.regulations.gov in
the AD Docket.

 (i) Subject

    Joint Aircraft Service Component (JASC) Code: 6200 Main Rotor
System.

    Issued in Fort Worth, Texas, on March 16, 2016.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-06530 Filed 3-24-16; 8:45 am]
BILLING CODE 4910-13-P


Table 3.  Revised Engine Family Designation and Reporting Schedules

Program	Designate Families	Report Due

	Original	Revised	Original	Revised

2005 Gaseous Pilot*	06/2005	Unchanged	11/2006	11/2007

2006 Gaseous Pilot	06/2006	12/2006	11/2007	11/2008

2007 Gaseous Enforceable	06/2007	12/2007	11/2008	11/2009

2007 PM Pilot	06/2007	12/2007	11/2008	05/2010

2008 Gaseous Enforceable	06/2008	09/2008	11/2009	03/2010

2008 PM Pilot	06/2008	09/2008	11/2009	09/2010

2009 Gaseous Enforceable	06/2009	Unchanged	11/2010	04/2011

2009 PM Enforceable	06/2009	Unchanged	11/2010	04/2011

2010 Gaseous Enforceable**	06/2010	Unchanged	11/2011	Unchanged

2010 PM Enforceable**	06/2010	Unchanged	11/2011	Unchanged

* The 2005 Gaseous Pilot Program has been completed.

** For illustration only.  The 2010 program dates are as originally
promulgated.

For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:

PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND
ENGINES

1.  The authority citation for part 86 continues to read as follows:

	Authority:  42 U.S.C. 7401-7671q.

2.	Section 86.1905 is amended revising paragraph (c)(2) to read as
follows:

§86.1905  How does this program work?

 *		  * 			*		  *		  *

(c)	*   *   *

	(2)	2009 for PM testing.

3.	Section 86.1912 is amended by adding new paragraphs (a)(3)(v) and
(a)(5) and revising paragraph (a)(4) to read as follows:

§86.1912  How do I determine whether an engine meets the vehicle-pass
criteria?

*		  * 			*		  *		  *

 (a) *   *   *

	(3) *   *   *

		(v)  NOx + NMHC:  0.67 grams per brake horsepower–hour.

	(4) Accuracy margins for portable in-use equipment when testing is not
performed under the special provisions of §86.1930 for 2007 through
2009 model year engines families that are selected for testing in any
calendar year as follows:

		(i) NMHC using the emission calculation method specified in 40 CFR
1065.650(a)(1):  0.02 grams per brake horsepower-hour.

		(ii) NMHC using the emission calculation method specified in 40 CFR
1065.650(a)(3):  0.01 grams per brake horsepower-hour.

		(iii) NMHC using an alternative emission calculation method as
approved by the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.01
grams per brake horsepower-hour.

		(iv) CO using the emission calculation method specified in 40 CFR
1065.650(a)(1):  0.5 grams per brake horsepower-hour.

		(v) CO using the emission calculation method specified in 40 CFR
1065.650(a)(3):  0.25 grams per brake horsepower-hour.

		(vi) CO using an alternative emission calculation method as approved
by the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.25 grams per
brake horsepower-hour.

		(vii) NOx using the emission calculation method specified in 40 CFR
1065.650(a)(1):  0.45 grams per brake horsepower-hour.

		(viii) NOx using the emission calculation method specified in 40 CFR
1065.650(a)(3):  0.15 grams per brake horsepower-hour.

		(ix) NOx using an alternative emission calculation method as approved
by the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.15 grams per
brake horsepower-hour.

		(x) NOx + NMHC using the emission calculation method specified in 40
CFR 1065.650(a)(1):  0.47 grams per brake horsepower-hour.

		(xi) NOx + NMHC using the emission calculation method specified in 40
CFR 1065.650(a)(3):  0.16 grams per brake horsepower-hour.

		(xii) NOx + NMHC using an alternative emission calculation method as
approved by the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.16
grams per brake horsepower-hour.

		(xiii) PM:  To be determined by rulemaking as indicated in §86.1935.

	(5) Accuracy margins for portable in-use equipment when testing is not
performed under the special provisions of §86.1930 for 2010 or later
model year engines families that are selected for testing in any
calendar year as follows:

		(i) NMHC using any emission calculation method specified in 40 CFR
1065.650(a) or an alternative emission calculation method as approved by
the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.01 grams per brake
horsepower-hour.

		(ii) CO using any emission calculation method specified in 40 CFR
1065.650(a) or an alternative emission calculation method as approved by
the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.25 grams per brake
horsepower-hour.

		(iii) NOx using any emission calculation method specified in 40 CFR
1065.650(a) or an alternative emission calculation method as approved by
the Administrator under 40 CFR 1065.915(d)(5)(iv):  0.15 grams per brake
horsepower-hour.

		(iv) PM: To be determined by rulemaking as indicated in §86.1935.

  * 			*		  *		  *		*

4.	Section 86.1930 is amended by revising the section heading and
introductory text, redesignating the introductory text as paragraph (a),
redesignating paragraphs (a) through (f) as paragraphs (a)(1) through
(a)(6), redesignating paragraphs (d)(1) through (d)(2) as paragraphs
(a)(4)(i) through (a)(4)(ii), and adding new paragraphs (a)(7) and (b)
to read as follows:

§86.1930  What special provisions apply from 2005 through 2009?

(a)	We may direct you to test engines under this subpart for emissions
other than PM in 2005 and 2006, and for PM emissions in 2007 and 2008.
In those interim periods, all the provisions of this subpart apply, with
the following exceptions:

*		  * 			*		  *		  *

	(7)	You must complete all the required testing and reporting under this
subpart by the following dates:

		(i)  November 30, 2007 for engine families that we designate for
non-PM testing in 2005.

		(ii)  November 30, 2008 for engine families that we designate for
non-PM testing in 2006.

		(ii)  May 31, 2010 for engine families that we designate for PM
testing in 2007.

		(iv)  September 30, 2010 for engine families we designate for PM
testing in 2008.

(b)	For 2007 through 2009 all the provisions of this subpart and
paragraph (a) of this section apply, with the following additional
exceptions:

	(1)	You must complete all the required testing and reporting under this
subpart by the following dates:

		(i)  November 30, 2009 for engine families that we designate for
non-PM testing in 2007.

 		(ii)  March 31, 2010 for engine families that we designate for non-PM
testing in 2008.

		(iii)  April 30, 2011 for engine families that we designate for non-PM
and PM testing in 2009.

	(2)	You may conduct non-PM and PM testing on different vehicles for
2007 and 2008.

	(3)	You may conduct PM testing as follows for 2007:

		(i)  Test vehicles may be selected from a vehicle fleet that you own
or otherwise directly control.

		(ii)  Test vehicles may be driven by a driver that you employ.

		(iii)  Each test vehicle must be operated on a route and under
operating conditions that reasonably replicate the use of the selected
vehicle type when operated in typical revenue service, unless otherwise
approved by us.

5.	Section 86.1935 is revised to read as follows:

§86.1935 What special provisions may apply as a consequence of a delay
in the accuracy margin report for portable emission measurement systems?
tc "86.1935 What special provisions may apply as a consequence of a
delay in the accuracy margin  report for portable emission measurement
systems?"

(a) A memorandum entitled, “Memorandum of Agreement, Program to
Develop Emission Measurement Accuracy Margins for Heavy-Duty In-Use
Testing” describes a test program for establishing measurement
accuracy margins related to testing under §86.1912(a)(4) which will be
used for testing under this subpart.  This document is available at
http://www.epa.gov/otaq/hd-hwy.htm or at the mailing address specified
in §86.1905(g).

(b) If there is a delay in receiving the written final report for PM
emissions described in the agreement referenced in paragraph (a) of this
section, and that delay is not attributable to engine manufacturers
failing to meet their commitments under that agreement, the following
provisions apply:

(1) If the delay is 3 months or less, we will delay the designation of
engine families for testing in the applicable calendar year, as
described in §86.1905(d), by the same number of additional whole months
(rounded up) needed to complete the report.

(2) If the delay is more than 3 months but less than 12 months, we may
continue to designate engine families for testing under the special
provisions described in §86.1930 for an additional year.

(3) If the delay is longer than 12 months, the following approach is
established for the applicable calendar year:

(i) If the delay is longer than 12 months but less than 15 months, we
will follow the steps described in paragraph (b)(1) of this section.

(ii) If the delay is longer than 15 months, but, less than 24 months, we
will follow the steps described in paragraph (b)(2) of this section, for
the applicable calendar year.

(iii) If the delay is longer than 24 months, the emission testing
program will go into abeyance.

(c) If one or more engine manufacturers fail to meet commitments under
the agreement described in paragraph (a) of this section and such a
failure results in a delay in the final written report for PM emissions
described in the agreement, the following provisions apply:

(1) If the delay is 3 months or less, we will delay the designation of
engine families for testing in the applicable calendar year, as
described in §86.1905(d), by the same number of additional whole months
(rounded up) needed to complete the report.

(2) If the delay is more than 3 months but less than 12 months, the
provisions of this subpart will not apply for the otherwise applicable
calendar year, subject to the following provisions:

(i) We may identify the number of engine families that would otherwise
have been designated for testing in that calendar year for the delayed
pollutant type and direct manufacturers to test that number of engine
families under the special provisions described in §86.1930 and
additionally in any later calendar year once the provisions of this
subpart begin for that pollutant type, without counting those
accumulated engine families toward the allowable annual cap on the
number of engine families specified in §86.1905.

(ii) The normal 18-month period for testing and reporting results
specified in §86.1905(d) is extended to 24 months for any accumulated
engine-family designation described in paragraph (c)(2)(i) of this
section. The additional time extensions for testing and reporting
results as specified in §86.1905(d) also apply

(3) If the delay is longer than 12 months, the following approach is
established for the applicable calendar year.

(i) If the delay is longer than 12 months but less than 15 months, we
will follow the steps described in paragraph (c)(1) of this section.

(ii) If the delay is longer than 15 months, but less than 24 months, we
will follow the steps described in paragraph (c)(2) of this section for
the applicable calendar year.

(iii) If the delay is longer than 24 months, we will continue to follow
the steps described in paragraphs (c)(1) and (c)(2) of this section,
including the accumulation of engine families for testing until the
report is received and the fully implemented  program commences.

(d) We may determine that any individual manufacturer’s failure under
paragraph (c) of this section constitutes a failure by all engine
manufacturers.

(e) Nothing in this section affects our ability to select engines from
any model year beginning with model year 2007.

(f) If we determine that fundamental technical problems with portable
in-use PM measurement systems are not resolvable in a reasonable time,
the provisions of this subpart, as they apply to PM, will go into
abeyance until we determine that suitable emission-measurement devices
are available for in-use testing.

(g) Engine manufacturers contributing to the test programs described in
the agreement referenced in paragraph (a) of this section may limit
their testing under the special provisions described in §86.1930 to
five engines in each selected engine family.

Do Not Cite Or Quote—Privileged Material
                                                       12/13/07