FOCUS GROUPS AS USED BY EPA FOR ECONOMICS PROJECTS (Renewal)
EPA ICR No. 2205.04
SUPPORTING STATEMENT

Part A

Section 1.  Identification of the Information Collection

1(a)  Title of the Information Collection:

      Focus Groups as Used by EPA for Economics Projects (Renewal)
      EPA ICR Number 2205.15, OMB Control Number 2090-0028

1(b)  Short Characterization/Abstract:

      The Environmental Protection Agency (EPA) is seeking approval for a generic information collection request (ICR) for the conduct of focus groups and one-on-one interviews related to economics projects primarily for the purpose of survey development.   Focus groups are groups of individuals brought together for moderated discussions on a specific topic or issue.  These groups are typically formed to gain insight and understanding of attitudes and perceptions held by the public surrounding a particular issue.  One-on-one interviews, as the term implies, are individual interviews in which a respondent is generally asked to review materials and provide feedback on their content and design as well as the thought processes that the materials invoke.

      Focus groups and one-on-one interviews (hereafter referred to collectively as "focus groups") used as a qualitative research tool have three major purposes:

*          To better understand respondents' attitudes, perceptions and emotions in response to specific topics and concepts;
*          To obtain respondent information useful for better defining variables and measures in later quantitative studies; and
*          To further explore findings obtained from quantitative studies.

      Through these focus groups, the Agency will be able to gain a more in-depth understanding of the public's attitudes, beliefs, motivations and feelings regarding specific issues and will provide invaluable information regarding the quality of draft survey instruments.  Focus group discussions are necessary and important steps in the design of a quality survey.

Section 2.  Need for and use of the Collection

2(a)	Need/Authority for the Collection

      Over the next three years, the Agency anticipates embarking on a number of survey development efforts associated with a variety of economics projects including those related to valuation of ecosystems, non-fatal health risks, improvements to water quality, and urban visibility to name a few.  Focus groups are an important part of any survey development process, allowing researchers to directly gauge what specific issues are important to the public and providing a means for explicitly testing draft survey materials.

      If this information is not collected, a vital link in developing methods to better understand the economic benefits and costs associated with Agency actions will be lost.   This loss will cause further delays in the development of improved estimates of benefits and costs.

      This data collection is conducted for research purposes; there are no legal requirements.  The materials prepared for these discussions will fully conform to federal regulations  -  specifically the Privacy Act of 1974 (5 U.S.C. 552a), the Hawkins-Stafford Amendments of 1988 (P.L 100-297), and the Computer Security Act of 1987.

2(b)	Practical Utility/Users of the Data

      The information collected in the focus groups will help inform economics projects as well as economics-related surveys under development.  To the extent that the surveys are ultimately successfully administered, they will serve to expand the Agency's understanding of benefits and costs of a variety of actions and could provide the means to quantitatively assess the effects of others.  Participation in the focus groups will be voluntary and the identity of the participants will be kept confidential.

      Focus groups generally do not yield meaningful quantitative findings and do not yield data about public opinion that can be generalized.  As such, they cannot be used directly to estimate benefits and costs associated with a specific environmental action.  However, program offices engaged in survey research use focus groups as an important tool in the survey development process to test and refine their ideas.  The conduct of quantitative research would need to be completed to develop new estimates of benefits or costs.

Section 3.  Non duplication, Consultations, and Other Collection Criteria

3(a)	Non duplication

      It is not expected that any of the information to be submitted to the EPA during these focus group studies is duplicative or is already in the possession of the Federal Government.  The proposed focus groups will address the needs of the Agency and significantly improve our ability to test and redefine ideas that will allow EPA to conduct further quantitative research on various environmental economics issues.

3(b)	Public Notice Required Prior to ICR Submission to OMB

      On February 4, 2015 (80 FR 6075), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d).  EPA received no comments.  Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice.

3(c) 	Consultations

      EPA will use in-house staff and/or outside contractors (including possible contacts with the academic community) to develop focus group plans for areas of interest.  According to OMB guidelines for generic clearances for focus groups, EPA has established an independent review process to assure the development and implementation of high quality focus groups by EPA.  EPA will provide OMB a copy of the survey instrument for inclusion in the public docket.

      This ICR covers the conduct of focus groups related to environmental economics projects.  As such, follow up with respondents regarding the accuracy of estimated burden hours is not possible as focus groups by their very nature are structured as one-time collections.  Focus groups are often conducted at facilities designed for this purpose, therefore deviations from estimated burden hours are generally small.

      The need for generic ICRs to facilitate the survey administration process was discussed at a workshop hosted at Resources for the Future on October 2, 2006 entitled: Sample Representativeness: Implications for Administering and Testing Stated Preference Surveys.  Generic ICRs for the conduct of focus groups were specifically identified as a means of reducing review times for focus groups and enhancing Agency's ability to navigate the survey approval process.  See http://www.rff.org/rff/Events/upload/32432_1.pdf for a summary of the workshop.

3(d)	Effects of Less Frequent Collection

	Each focus group will be a one-time collection exercise for the enrolled participants.

3(e)	General Guidelines

      This collection does not violate any of OMB's general guidelines for information collections.

      Information will be collected according to the guidelines in 5 CFR 1320.  Respondents will be asked to participate in one focus group and their participation will be voluntary. There will be no need for participants to maintain records or submit documents or proprietary trade secrets.  There will be complete protection of any demographic information collection from participant -- full names, phone numbers and addresses will not be associated with responses.

      EPA has developed EPA Information Quality Guidelines (2002) to ensure the utility, objectivity and integrity of information that is disseminated by the Agency.  It is EPA's intention that collection of information under this ICR will result in information that will be collected, maintained, and used in ways consistent with both the EPA Information Quality Guidelines (2002) and the OMB Information Quality Guidelines (2002).   EPA intends to conduct a pre-dissemination review when the Agency prepares to disseminate information collected under this ICR.

3(f)	Confidentiality

      Each focus group will fully conform to federal regulations  -  specifically the Privacy Act of 1974 (5 U.S.C. 552a), the Hawkins-Stafford Amendments of 1988 (P.L 100-297), and the Computer Security Act of 1987.

3(g) 	Sensitive Questions

      No questions will be asked that are of a personal or sensitive nature.

Section 4.  The Respondents and the Information Requested

4(a)	Respondents/SIC Codes

      The target population for the focus group discussions will vary by project, but will generally include members of the general public.

4(b)	Information Requested

      (i) Data items, including record keeping requirements
      (ii) Respondent Activities

      Respondents will be asked to participate in a moderated discussion on a particular topic or issue, during which they will be asked their thoughts, perceptions and beliefs regarding the issue.  The collection will be a one-time event and there will be no need for participants to maintain records or submit documents or proprietary trade secrets.  There will be complete protection of any demographic information collection from participants -- names, phone numbers and addresses will not be associated with responses.

Section 5.  The Information Collected  -  Agency Activities, Collection Methodology, and Information Management

5(a) Agency Activities

      Agency activities associated with this information collection will include:
      -- Drafting focus groups scripts and accompanying materials
      -- Observing and in some cases moderating the focus group discussions
      -- Summarizing focus group results and making changes to draft materials as appropriate

      In addition, the Agency has established a three-member cross-office panel to review focus group projects proposed under this ICR.  Membership on the panel is on a rotational basis and consists of one economist from the Office of Policy's National Center for Environmental Economics and two economists from elsewhere in the Agency.  Each of the panel members must have experience with surveys.  Only projects that have as their primary goal the estimation of benefits, the estimation of costs, or the elicitation of preferences for health outcomes, safety and/or environmental goods will be considered.  Additional details about the panel review process can be found in the Appendix 2.

      Under the previous approved generic ICR for focus groups, EPA conducted focus groups associated with four distinct projects.  The respondent burden hours associated with each project is listed in the table below.

      \sSupporting statements for each of these projects was reviewed by the internal review panel prior to their submission to OMB for approval.

5(b) Collection Methodology and Management

      Focus group studies are directed group discussions that do not produce quantitative data, but which enable skilled observers to infer the underlying views and assumptions of the group that are expressed in the discussion.  To facilitate interpretation, discussions are generally recorded and videotaped so that both a visual record and written transcript of the discussion are available for review.  Participants are informed in advance that the sessions will be recorded.  Transcripts and video tapes will be maintained in the individual project files.

5(c) Small Entity Flexibility

      No information will be collected from small businesses or small organizations or small governmental jurisdictions as a result of this information collection.

5(d) Collection Schedule

      Focus groups will be scheduled according to the needs of individual projects.  No firm schedule for this collection has been established otherwise.

Section 6.  Estimating the Burden and Cost of Collection

6(a)	Estimating Respondent Burden
6(b)	Estimating Respondent Costs

      Estimates of respondent burden were derived from projected focus group usage over the next three years.  Each program office was asked for the number and size of the focus groups that they anticipate conducting for economics projects over the next three years.  The total estimated hourly burden imposed by this collection of information over the next three years for focus groups is approximately 2,744 hours or approximately 915 hours annually. The total burden per year is valued at approximately $30,302.  There are no capital costs or operating and maintenance costs associated with this collection. There is a total of about 528 respondents per year. This is derived by taking the approximate number of studies multiplied by the average number of focus groups per study and again multiplied by the average number of participants per group. The total number of respondents for the 3 year collection would be about 1,584.

          TABLE 1a.  -  Average Annual Respondent Burden and Costs[1]

                                    Center

                                    Subject

                         Approximate Number of Studies

                   Average Number  of Focus Groups per Study

                   Average Number of Participants per Group

         Average Hours of Duration for Each Group (includes screening)

                    Total Estimated "Respondent" Hours
                               Over next 3 years

                                Total Estimated
                            Burden per Year ($)[2]

Office of Policy

Various (e.g, water quality valuation, recreational benefits, health risk valuation, ))

                                       4

                                      13

                                      9.7

                                      1.8

                                      908

                                    $10,027

Office of Research and Development

Various (e.g.,water quality valuation, ecosystem services valuation, sustainable communities, water quality in the Great Lakes)

                                      12

                                     11.25

                                       8

                                      1.7

                                     1836

                                    $20,275

TOTAL

                                     2,744

                                    $30,302
[1]  There are no capital costs or operating and maintenance costs associated with this collection of information.
[2]  Hourly rate ($33.13) from "Table 1.   Employer costs per hour worked for employee compensation and costs as a percent of total compensation: Civilian workers, by major occupational and industry group, December 2014". U.S. Department of Labor, Bureau of Labor Statistics. (http://www.bls.gov/news.release/ecec.t01.htm)

6(c)	Estimating Agency Burden and Costs

      The Agency incurs costs to develop the focus group materials, organize and conduct focus group discussions, and observe focus group discussions.  These expenses will vary by specific project.  The table below provides a hypothetical assessment of what the costs might be per year based on a number of assumptions regarding the level of effort required.  EPA person-costs are estimated using an hourly rate for a GS-14 (step 1) based in Washington, DC in 2015 (See GS Pay Tables at: http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2015/DCB_h.pdf).  Time spent on each step may vary as well as the GS-level of the employees involved.  Contractor costs will also depend on the location of focus groups, degree of involvement in materials preparation and whether written transcripts of each focus group are required.  The estimates presented below assume that the Agency prepares all of the materials and that approximately 3 individuals observe each focus group.

               Estimated Average Annual Agency Burden and Costs

                                     Task
                 Costs (and Person-hours) Per Focus Group Hour
                             Total Hours and Cost

                                      EPA
                                   ($51.43/
                                     Hour)
                         Estimated Contractor Costs[1]
                                 O&M Cost
                       Number of focus group hours/year.
                                Total Cost/Year
                 Prepare Materials for Focus Group Discussion
                                     $1029
                                   (20 hrs)

                                      --

                                      --

                                      108

                                   $111,132
                  Organize and conduct focus group discussion
                                 (contractor)
                                      --

                                    $5,000

                                      --

                                      108

                                   $540,000
                        Observe focus group discussion
                                     $154
                                    (3 hrs)

                                      --
                                      --

                                      108

                                    $16,632

                                     Total

                                    $1,183

                                    $5,000
                                      --

                                      108

                                   $667,764
      Notes:  [1]includes recruiting respondents, meeting space, respondent reimbursement for approximately 9 participants, and recording of discussion.

6(d)	Estimating the Respondent Universe and Total Burden and Costs
6(e)	Bottom Line Burden Hours and Cost Tables

      We expect respondent focus group hours to total 2,744 over the next 3 years or 915 each year.  These hours will be spread over approximately 187 focus groups over the course of the 3-year time frame (~63 per year).

      (i) Respondent Tally

Action
Approximate Number of Focus Groups per year
 Estimated Respondent Hours per Year
Total labor Cost per Year
Total Annual Capital Costs
Total Annual O&M costs
Focus Group Discussion
63
915
$30,302
$0
$0

      (ii) Agency Tally

Approximate Number of Focus Groups per year
Estimated Focus Group Hours per year
Total Capital/Startup Cost Per Year
Total Labor Cost per Year
Total Annual Cost
Focus Group Discussion
63
108
$540,000
$127,764
$667,764

6(f)	Reasons for Change in Burden

      The request for 915 annual burden hours represents a decrease of 3,163 (=4,078-915) hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens.  Burden estimates derived for this (and the previous) renewal are based on projected use estimates for this generic ICR provided by the various program offices at EPA.  These projections are based on anticipated, new and continuing projects over the coming three years.  A decrease in burden over the previous ICR conveys simply that EPA anticipates less need for the conduct of focus groups under this ICR than in the past.

6(g) 	Burden Statement

      The annual public reporting and recordkeeping burden for this collection of information is estimated to average 1.7 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 of 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 number 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 Number EPA-HQ-OA-2008-0701, which is available for online viewing at www.regulations.gov, or in person viewing at the OEI Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C.  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<PHONE_NUMBER>, and the telephone number for the OEI docket is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used 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.  When 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, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OA-2008-0701 and OMB Control Number 2090-0028 in any correspondence.
Part B.

There are no tabulated results for this information collection.

Information gathered from focus groups is qualitative in nature.  They allow for a more in-depth understanding of respondents' attitudes, beliefs, motivations, and feelings than do quantitative studies. It serves the narrowly defined need for direct and informal opinion on a specific topic.

Appendix 1

Agency Information Collection Activities; Proposed Collection; Comment Request; Focus Groups as Used by EPA for Economics Projects (Renewal); EPA ICR No. 2205.15, OMB Control No. 2090-0028

[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6075-6076]
[FR Doc No: 2015-02200]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA HQ-OA-2008-0701; FRL-9922-48-OA]

Proposed Information Collection Request; Comment Request; Focus
Groups as used by EPA for Economics Projects (Renewal)

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Focus Groups as used
by EPA for Economics Projects (Renewal)'' (EPA ICR No. 2205.15, OMB
Control No. 2090-0028) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act
(PRA). Before doing so, EPA is soliciting public comments on specific
aspects of the proposed information collection as described below. This
is a proposed renewal of the ICR, which is currently approved through
June 30, 2015. 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.

DATES: Comments must be submitted on or before April 6, 2015.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OA-
2008-0701, online using www.regulations.gov (our preferred method), by
email to<EMAIL_ADDRESS>or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Nathalie Simon, Office of Policy, (MC
1809T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
566-2363 email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: EPA is seeking renewal of a generic ICR for the conduct
of focus groups and protocol interviews (hereafter jointly referred to
as focus groups) related to economics projects. Over the next three
years, the Agency anticipates embarking on a number of survey
development efforts associated with a variety of economics projects
including those related to valuation of ecosystems, children's health
risks, mortality risk reductions, improvements to coastal waters
including the Chesapeake Bay, to name a few. Focus groups are an
important part of any survey development process, allowing researchers
to directly gauge what specific issues are important to the public and
providing a means for explicitly testing draft survey materials. These
focus groups will allow the Agency to gain a more in-depth
understanding of the public's attitudes, beliefs, motivations and
feelings regarding specific issues and will provide valuable
information regarding the quality of draft survey instruments.
    The information collected in the focus groups may be used to
develop and improve economics-related surveys. To the extent that these
surveys are ultimately successfully administered, they will serve to
expand the Agency's understanding of benefits and costs of a variety of
actions and could provide the means to quantitatively assess the
effects of others. Participation in the focus groups will be voluntary
and the identity of the participants will be kept confidential.
    Form Numbers: None.
    Respondents/affected entities: Individuals.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 2,066 (total).
    Frequency of response: Once.
    Total estimated burden: 1,359 hours (per year). Burden is defined
at 5 CFR 1320.03(b)
    Total estimated cost: $41,356 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: There is no change in the total estimated
respondent burden compared with the ICR currently approved by OMB.

    Dated: January 27, 2015.
Joel Beauvais,
Associate Administrator, Office of Policy.
[FR Doc. 2015-02200 Filed 2-3-15; 8:45 am]
BILLING CODE 6560-50-P

Appendix 2
Proposed Process for Review of Focus Group Submissions
Under Generic ICR "Focus Groups as Used by EPA for Economics Projects"

 A cross-office, standing panel has been created, consisting of three economists with survey experience, to review requests from individuals or teams wishing to conduct focus groups under the generic ICR.   One member of the panel will be from NCEE.  Nominations for the other two seats will be solicited from the Program offices through the Econ Forum and will be decided by the Econ Forum Steering Committee.  Membership on the panel will be on a rotational basis with each member appointed to a 1-year term.  Members will be permitted to serve up to five, consecutive terms, but must then step down for a 12-month period before serving in this capacity again.  In order to prevent wholesale turn-over of the panel at one time, the following maximum term limits may be applied to members of the first panel (if needed):

      NCEE  -  no more than 3 consecutive terms
      Program Office #1  -  no more than 4 consecutive terms
      Program Office #2  -  no more than 5 consecutive terms.

 Only relevant projects will be considered.  Relevant projects are defined as those with an economics component.  That is, they must have as their primary goal the estimation of benefits, the estimation of costs, or the elicitation of preferences for health outcomes, safety and/or environmental goods.

 Projects submitted for consideration must be entered into the Science Inventory Database.  The Science Inventory Database is a publicly searchable database designed to track and report peer review and other science activities across the Agency.  Peer review work products are divided into three categories: highly influential scientific assessments, influential scientific information and other products.  Creating an entry in the database will allow more public scrutiny of the proposed research and will allow the project to be reflected in the Agency's Annual report to OMB summarizing peer review activities.

   Entries should clearly indicate whether or not the survey under development will yield data that is expected to be "highly influential."  According to EPA's Science Policy Council Peer Review Handbook, influential scientific or technical work products are those expected to have "a major impact, [involve] precedential, novel, and/or controversial issues, or the Agency has a legal and/or statutory obligation to conduct a peer review."  Highly influential scientific assessments are those that "could have a potential impact of more than $500 million in any year," or that are considered "novel, controversial, or precedent-setting or has significant interagency interest."  Our reading of these definitions would place all surveys in the "influential scientific assessments" category. The classification of a specific survey as "highly influential" will need to be determined on a case by case basis.  Most surveys developed specifically for direct input into an economic analysis for a rule or regulation will be considered "highly influential." However, other survey activities could also be considered "highly influential" depending on the subject matter.

 Supporting statements, clearly indicating peer review plans, must accompany each request.  Individuals or teams wishing to submit a project for consideration under this generic ICR must submit a draft supporting statement for review by the standing panel.  Since focus group results are not expected to yield data that can be analyzed statistically, only Part A of the supporting statement will be expected.

   In addition to the other standard requirements of the supporting statement, the document should clearly describe the need for and purpose of the project as well as the projected peer-review plan to assess the quality of any potential survey instruments.  For highly influential projects, an external peer review panel process, as recommended by the EPA Peer Review Handbook, will be expected under this generic ICR.  This panel review could take one of two forms: periodic consultations with experts in the field throughout the survey development process or a panel review of the survey development process in advance of submitting an ICR to OMB should the project advance to that stage.

 Time-lines for project completion should accompany the supporting statement, highlighting hard deadlines where they exist. In assessing the project, the review panel will consider whether in their view there is sufficient and reasonable time to complete the focus groups given these timing constraints.  As separate ICR approval will be required for administration of any survey once developed, the submitted timeline should reflect the date by which the project team expects to file the ICR for any anticipated survey administration.


[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Rules and Regulations]
[Pages 63389-63392]
[FR Doc No: 2018-26464]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0761; Product Identifier 2018-NM-088-AD; Amendment
39-19516; AD 2018-25-05]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus SAS Model A350-941 airplanes. This AD was prompted by reports
that, for multimaterial (hybrid) joints of the passenger door frame
fittings, the interfay sealant was not applied between all surfaces of
the joint parts. This AD requires modification of the hybrid joints of
the passenger doors by applying additional corrosion protection to the
hybrid joints of the passenger door frame fittings. We are issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective January 14, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 14,
2019.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 45 80; email continued-
<EMAIL_ADDRESS>internet http://www.airbus.com. You may
view this service information at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0761.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0761; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Airbus SAS Model
A350-941 airplanes. The NPRM published in the Federal Register on
September 4, 2018 (83 FR 44844). The NPRM was prompted by reports that,
for multimaterial (hybrid) joints of the passenger door frame fittings,
the interfay sealant was not applied between all surfaces of the joint
parts. The NPRM proposed to require modification of the hybrid joints
of the passenger doors by applying additional corrosion protection to
the hybrid joints of the passenger door frame fittings.
    We are issuing this AD to address water ingress in the hybrid
joints and subsequent galvanic corrosion of the aluminum holes. This
condition, if not corrected, could lead to failure of the door,
resulting in reduced evacuation capacity from the airplane during an
emergency and consequent injury to occupants.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0108, dated May 15, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Airbus SAS Model A350-941 airplanes. The
MCAI states:

    Due to the misinterpretation of the prevailing requirements for
multimaterial (hybrid) joints of the passenger door frame fittings,
the interfay sealant, which prevents water ingress, was only applied
on the surface in direct contact with the aluminum parts and not
between all surfaces of the joint parts. For sealing of multi-
material-stacks involving aluminum, application of interfay sealant
is necessary between all assembled parts, even between parts made of
corrosion resistant material, in order to ensure a double barrier to
prevent water ingress in the joint and subsequent potential galvanic
corrosion on the aluminum holes.
    This condition, if not corrected, could lead to failure of the
door to perform its intended function, possibly resulting in reduced
evacuation capacity from the aeroplane during an emergency and
consequent injury to occupants.
    To address this unsafe condition, Airbus developed production
mod 110790 and mod 109554 to improve protection against corrosion,
and issued the SB [Airbus Service Bulletin A350-52-P012, dated
September 7, 2017] to provide modification instructions for in-
service pre-mod aeroplanes.
    For the reasons described above, this [EASA] AD requires a
modification by adding sealant and protective treatment on the
affected passenger doors.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0761.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA), Delta Air
Lines (DAL), and JM, a private citizen, indicated their support for the
NPRM.

Request To Allow Alternative Method of Compliance

    DAL requested the addition of a paragraph in the final rule that
would allow operators to use certain Airbus Model A350 Airplane
Maintenance Manual (AMM) tasks, identified in the comment, to
accomplish the actions that would be required by the final rule. The
commenter noted that the Airbus Model A350 AMM includes tasks related
to maintenance of the passenger door frame fittings, including
installation of the fittings with sealant applied between the fitting
and the door, similar to what is described in the Accomplishment
Instructions of Airbus Service Bulletin A350-52-P012, dated September
7, 2017.
    The commenter also pointed out that the Airbus Model A350 AMM tasks
do not include application of a top coat spray or corrosion prevention
compound after installation of passenger door frame fittings, or
include application of top coat sealant and application of primer over
the fasteners, which are included in the Accomplishment Instructions of
Airbus Service Bulletin A350-52-P012, dated September 7, 2017. The
commenter observed that replacement of passenger door frame fittings
in-service is customary, and that if an operator uses the Airbus Model
A350 AMM tasks in-service to rework the passenger door frame fittings,
the operator could be out of compliance with the requirements of the
final rule because of the differences in the procedures between the
Airbus Model A350 AMM tasks and the Accomplishment Instructions of
Airbus Service Bulletin A350-52-P012, dated September 7, 2017.
    The commenter also indicated that some operators may perceive using
the fay surface sealant as described in the Airbus Model A350 AMM tasks
to be a more robust solution than the spray-on corrosion inhibitor
compounds or top coating of fasteners described in the Accomplishment
Instructions of Airbus Service Bulletin A350-52-P012, dated September
7, 2017. The commenter observed that some operators may prefer to
remove the passenger door frame fittings, apply the fay surface
sealant, and re-install the passenger door frame fittings.
    The commenter clarified that the language in the suggested
paragraph would not mandate the use of the Airbus Model A350 AMM tasks,
but would state that operators would have to apply for an alternative
method of compliance (AMOC) in order to use the Airbus Model A350 AMM
tasks instead of the procedures in the Accomplishment Instructions of
Airbus Service Bulletin A350-52-P012, dated September 7, 2017.
    We disagree with the commenter's request. The Airbus Model A350 AMM
task numbers provided by the commenter do not match the Airbus Model
A350 AMM task numbers specified in Airbus Service Bulletin A350-52-
P012, dated September 7, 2017. Also, the commenter did not provide
sufficient documentation to show that, in regard to the unsafe
condition identified in this AD, the Airbus Model A350 AMM tasks
provide an equivalent level of safety as the procedures described in
Airbus Service Bulletin A350-52-P012, dated September 7, 2017. Under
the provisions of paragraph (h)(1) of this AD, operators may apply for
an AMOC to use other Airbus Model A350 AMM tasks instead of the
procedures in the Accomplishment Instructions of Airbus Service
Bulletin A350-52-P012, dated September 7, 2017. We have not changed
this AD in regard to this issue.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued Service Bulletin A350-52-P012, dated
September 7, 2017. This service information describes procedures for
modification of the hybrid joints of the left-hand and right-hand sides
of the passenger door frame fittings at doors 1, 2, 3 and 4, by
applying additional corrosion protection. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 1 airplane of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
60 work-hours x $85 per hour = $5,100........................              $0           $5,100           $5,100
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all known costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority

because it addresses an unsafe condition that is likely to exist or
develop on products identified in this rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-25-05 Airbus SAS: Amendment 39-19516; Docket No. FAA-2018-0761;
Product Identifier 2018-NM-088-AD.

(a) Effective Date

    This AD is effective January 14, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in Airbus Service
Bulletin A350-52-P012, dated September 7, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports that, for multimaterial (hybrid)
joints of the passenger door frame fittings, the interfay sealant
was not applied between all surfaces of the joint parts. We are
issuing this AD to address water ingress in the hybrid joints and
subsequent galvanic corrosion of the aluminum holes. This condition,
if not corrected, could lead to failure of the door, resulting in
reduced evacuation capacity from the airplane during an emergency
and consequent injury to occupants.

(f) Compliance

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

(g) Modification of Passenger Door Hybrid Joints

    Within 48 months after the date of issuance of the original
certificate of airworthiness or the original export certificate of
airworthiness, whichever occurs earlier: Apply additional corrosion
protection (e.g. primer/topcoat or corrosion prevention compound) to
the hybrid joints of the left-hand and right-hand sides of the
passenger door frame fittings at doors 1, 2, 3 and 4, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A350-52-P012, dated September 7, 2017.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (i)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus SAS's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0108, dated May 15, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0761.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A350-52-P012, dated September 7,
2017.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email<EMAIL_ADDRESS>
internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 23, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-26464 Filed 12-7-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76131-76133]
[FR Doc No: 2023-24388]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0850]
RIN 1625-AA00

Safety Zone; Ohio River Mile Markers 2.5-3, Brunot Island, PA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for the Ohio River several days in November and December 2023, and
January 2024, at mile marker 2.5 to mile marker 3 from 8 a.m. through 6
p.m. each day. This action is necessary to provide for the safety of
life on the navigable waters during a helicopter operation to install
aerial transverse wirelines. This rule prohibits persons and vessels
from being in the safety zone unless authorized by the Captain of the
Port Pittsburgh (COTP) or a designated representative.

DATES: This rule is effective from 8 a.m. on November 3, 2023, through
6 p.m. on January 22, 2024. This rule will be enforced from 8 a.m.
through 6 p.m. daily on November 3 through November 6, November 11,
November 12, December 2, December 3, 2023, and January 8 through
January 22, 2024.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0850 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call, or email LTJG Eyobe Mills, Marine Safety Unit Pittsburgh, U.S.
Coast Guard, at telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest. This safety zone must be established by November
3, 2023, to provide for the safety of life on the navigable waters
during a helicopter operation, and we lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing this rule. Vessels inside of the safety zone have the potential
of getting hit by debris from the helicopter.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because action is needed by November 3, 2023, to ensure the safety of
the of life on the navigable waters during a helicopter operation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Pittsburgh (COTP) has determined that
potential hazards associated with a helicopter operation on November 3
through November 6, November 11 through November 12, December 2 through
December 3, 2023, and January 8 through January 22, 2024, will be a
safety concern for anyone on the Ohio River from mile markers 2.5 to
mile marker 3 from 8 a.m. to 6 p.m. The purpose of this rule is to
ensure safety of the participant, vessels, and the

navigable waters in the safety zone before, during, and after the
scheduled event.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone that will be enforced
each day from 8 a.m. until 6 p.m. on November 3 through November 6,
November 11 through November 12, December 2 through December 3, 2023,
and January 8 through January 22, 2024. The safety zone will cover all
navigable waters on the Ohio River from mile markers 2.5 to mile marker
3. The duration of the zone is intended to protect personnel, vessels,
and the marine environment in the navigable waters during an
installation of aerial transverse wirelines using a helicopter.
    No vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative of
the COTP. A designated representative is a commissioned, warrant, or
petty officer of the U.S. Coast Guard (USCG) assigned to units under
the operational control of the COTP. To seek permission to enter,
contact the COTP or a designated representative via VHF-FM channel 16,
or through Marine Safety Unit Pittsburgh at<PHONE_NUMBER>. Persons and
vessels permitted to enter the safety zone must comply with all lawful
orders or directions issued by the COTP or designated representative.
The COTP or a designated representative will inform the public of the
effective period for the safety zone as well as any changes in the
dates and times of enforcement through Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on size, location,
and duration of the temporary safety zone. This safety zone only
impacts a 0.5-mile stretch on the Ohio River for 10 hours each day from
November 3 through November 6, November 11 through November 12,
December 2 through December 3, 2023, and January 8 through January 22,
2024. Moreover, the Coast Guard will issue Local Notice to Mariners and
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone and the rule allows vessels to seek permission from the COTP to
transit the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
temporary safety zone lasting 10 hours each day from November 3 through
November 6, November 11 through November 12, December 2 through
December 3, 2023, and January 8 through January 22, 2024, on the Ohio

River. It is categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Marine Safety, Navigation (water), Reporting, and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T08-0850 to read as follows:

Sec.  165.T08-0850  Safety Zone; Ohio River, Brunot Island, PA.

    (a) Location. The following area is a temporary safety zone on the
Ohio River from mile marker 2.5 to mile marker 3.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Pittsburgh (COTP) in the enforcement of the safety
zone. Designated representative includes safety boat provided by the
event organizers.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
C'TP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative on Channel 16 or at<PHONE_NUMBER>. To seek permission,
concerned traffic may reach contact the event organizers on channel 13
or at<PHONE_NUMBER>. Those in the safety zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
    (d) Enforcement period. This section will be enforced each day from
8 a.m. through 6 p.m. from November 3 through November 6, November 11
through November 12, December 2 through December 3, 2023, and January 8
through January 22, 2024. The temporary safety zone will be enforced
during the 10 hour helicopter operation.

Justin R. Jolley,
Commander, U.S. Coast Guard, Acting, Captain of the Port, MSU
Pittsburgh.
[FR Doc. 2023-24388 Filed 11-3-23; 8:45 am]
BILLING CODE 9110-04-P


Comment Info: =================

General Comment:Please see attachment: Codesharing Notice (DL-Czech) 11 16 07.pdf


[Federal Register: April 9, 2008 (Volume 73, Number 69)]
[Notices]
[Page 19214]
[DOCID:fr09ap08-47]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0091; FRL-8359-3]

Issuance of an Experimental Use Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has granted an experimental use permit (EUP) to the
following pesticide applicant. An EUP permits use of a pesticide for
experimental or research purposes only in accordance with the
limitations in the permit.

FOR FURTHER INFORMATION CONTACT: Chris Pfeifer, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this
action may be of particular interest to those persons who conduct or
sponsor research on pesticides, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the information in this action,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2008-0091. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. EUP

    EPA has issued the following EUP:
    73049-EUP-4. Issuance. Valent BioSciences Corporation, 870
Technology Way, Libertyville, IL 60048. This EUP allows the use of
10,006 pounds of the plant regulator S-abscisic acid (3335.33 pounds
per year) on 5,000 acres of grapes (per year) to evaluate the effects
of S-abscisic acid on grape maturation and coloration. The program is
authorized only in the States of California, Michigan, New York,
Oregon, Texas, and Washington. The EUP is effective from March 20, 2008
to October 1, 2010.

    Authority: 7 U.S.C. 136c.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: April 2, 2008.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

[FR Doc. E8-7459 Filed 4-8-08; 8:45 am]

BILLING CODE 6560-50-S


 13 Jan, 2021
Author   Kelly Andrejasich
Available at https://www.spglobal.com/marketintelligence/en/news-insights/latest-news-headlines/illinois-to-assess-finances-of-exelon-nuclear-plants-62101728

Illinois to assess finances of Exelon nuclear plants
The Illinois Environmental Protection Agency has hired an independent firm to delve into the financial condition of Exelon Corp.'s nuclear fleet in the state.
Citing low wholesale power prices and market rules that it says favor fossil-fueled resources, Exelon plans to retire the 2,346-MW Byron Generating Station and 1,805-MW Dresden nuclear power stations in September and November, respectively, years before operating licenses at the plants expire. The company has also said two more Illinois plants  --  the 2,384-MW Braidwood Generating Station and the 2,313-MW LaSalle County Generating Station  --  also are at risk of early closure.
The Illinois Environmental Protection Agency, or IEPA, earlier in January picked Synapse Energy Economics Inc. to assess the financial condition of the Illinois nuclear fleet and file a report by April 1.
In a Jan. 4 emergency purchase statement explaining the agency's decision to pick Synapse to do the financial analysis, the IEPA said the review is needed to allow it, other state agencies, the office of Gov. J.B. Pritzker and lawmakers to "take quick action" during the General Assembly's legislative session and before Exelon's closure timeline.
The legislative session opened Jan. 13 and is scheduled to end in May.
The emergency purchase statement said 54% of Illinois' electricity is generated by Exelon's nuclear plants, and the state is concerned that the generation gap caused by closure of Dresden and Byron "will be filled by dirty energy, namely fossil fuels."
"In order to advance the state's clean energy goals, IEPA and the Governor's Office are assessing how and over what period of time to meet clean energy targets, which requires understanding the schedule of statewide plant closures, including Exelon's plants," the agency said. "The announced closures of a large percentage of Illinois' electric generation would have a substantial impact on the state budget and electric reliability for Illinois residents. Thus, auditing Exelon's books will help determine how rapidly to deploy renewable energy without compromising affordable or reliable electricity."
Among other things, the report will look at operating costs and risks of the plants and the amount, if any, needed to cover those costs and risks over the next five years.
In an op-ed that ran in the Chicago Sun-Times in late December 2020, Exelon President and CEO Christopher Crane called on lawmakers to act to save the plants, pointing to the success of 2016 legislation that, among other provisions, provides support to the 1,078-MW Clinton Power Station and 1,819-MW Quad Cities nuclear plants.
"As lawmakers consider a path forward, Exelon will continue to be fully transparent, including opening our financial records to any policymaker who wants to better understand the challenges facing our nuclear plants," Crane said. "At the same time, we urge all to remain focused on addressing this issue before it's too late to reverse the harm to our environment and economy."


[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Proposed Rules]
[Pages 1706-1709]
[FR Doc No: 2022-00057]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1174; Project Identifier MCAI-2021-00246-R]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2020-23-07, which applies to certain Leonardo S.p.a. Model AB139 and
AW139 helicopters. AD 2020-23-07 requires removing certain life raft
reservoirs (reservoirs) from service, inspecting the reservoirs and
actuator cables, and depending on the inspection results, replacing the
reservoir or adjusting the actuator cable. Since the FAA issued AD
2020-23-07, additional serial-numbered reservoirs were identified as
also being affected by the unsafe condition. This proposed AD would
retain certain requirements of AD 2020-23-07, expand the required
actions to include additional serial-numbered reservoirs, and update
applicable service information. The FAA is proposing this AD to address
the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February
28, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Leonardo
S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness, Viale
G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-0331-
225074; fax +39-0331-229046; or at https://customerportal.leonardocompany.com/en-US/. You may view this service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For
information on the availability of this material at the FAA, call (817)
222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1174; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the European
Union Aviation Safety Agency (EASA) AD, any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-1174; Project Identifier
MCAI-2021-00246-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Darren Gassetto, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email

[email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA issued AD 2020-23-07, Amendment 39-21323 (85 FR 73610,
November 19, 2020) (AD 2020-23-07), for Leonardo S.p.a. Model AB139 and
AW139 helicopters with emergency flotation kit part number (P/N)
4G9560F00111 (15 passengers) or 4G9560F00211 (18 passengers) installed.
AD 2020-23-07 requires for helicopters with certain serial-numbered
right-hand (RH) or left-hand (LH) reservoirs installed, within 25 hours
time-in-service (TIS) removing each affected reservoir from service.
For helicopters with certain serial-numbered RH or LH reservoirs
installed, AD 2020-23-07 requires, within 25 TIS or before the
reservoir accumulates 55 hours TIS since first installation on a
helicopter, whichever occurs later, inspecting the valve pull rod of
each reservoir and depending on the inspection results, replacing the
reservoir before further flight. For helicopters with certain other
serial-numbered RH or LH reservoirs installed, AD 2020-23-07 requires
within 25 hours TIS, inspecting the actuator cable of each reservoir
and depending on the inspection results, adjusting the actuator cable
before further flight. Finally, AD 2020-23-07 prohibits installing
certain serial-numbered reservoirs with certain part numbers on any
helicopter and prohibits installing certain other serial-numbered
reservoirs with certain part numbers on any helicopter unless the
actuator cable of the reservoir has been inspected, and if required,
the actuator cable adjusted.
    AD 2020-23-07 was prompted by EASA AD 2020-0185, dated August 19,
2020 (EASA AD 2020-0185), issued by EASA, which is the Technical Agent
for the Member States of the European Union, to correct an unsafe
condition for Leonardo S.p.A. Helicopters, formerly Finmeccanica S.p.A,
AgustaWestland S.p.A., Agusta S.p.A.; and AgustaWestland Philadelphia
Corporation, formerly Agusta Aerospace Corporation, Model AB139 and
AW139 helicopters, all serial numbers, if equipped with emergency
flotation kit P/N 4G9560F00111 (15 passengers) or P/N 4G9560F00211 (18
passengers). EASA advised of an inadvertent emergency life raft
activation and deployment event that occurred on a Model AW139
helicopter during flight. EASA advised that following the deployment,
the life raft separated from the helicopter and was lost at sea. EASA
stated that investigation is on-going into the cause of this event and
that Model AB139 helicopters are subject to the same unsafe condition
due to design similarity to the AW139 helicopters. This condition, if
not addressed, could result in further unintended activation and
deployment of the life raft in flight and separation with possible
impact on the rotors, resulting in reduced control of the helicopter.
    Accordingly, EASA AD 2020-0185 required for some helicopters,
replacement of affected reservoirs and, for other helicopters,
inspections of the valve pull rod and the actuator cable of the life
raft and, depending on findings, accomplishment of the applicable
corrective actions. EASA AD 2020-0185 also prohibited re-installation
of an affected reservoir on any helicopter.

Actions Since AD 2020-23-07 Was Issued

    Since the FAA issued AD 2020-23-07, EASA issued AD 2021-0054, dated
February 25, 2021 (EASA AD 2021-0054), which supersedes EASA AD 2020-
0185. EASA advises that additional serial-numbered reservoirs are
affected by the same unsafe condition. EASA also advises Leonardo
Helicopters issued Alert Service Bulletin (ASB) No. 139-662, dated
February 15, 2021 (ASB 139-662), which includes a Table listing the
serial numbers of the additional batch of affected reservoirs and
provides additional replacement and inspection instructions.
Furthermore, EASA advises some of the affected reservoirs could become
serviceable after an inspection and after these reservoirs are re-
identified and marked with an ``R.'' Accordingly, EASA AD 2021-0054
retains the requirements of EASA AD 2020-0185, expands the batch of
affected reservoirs to include the additional affected reservoirs, and
includes the updated service information.
    After AD 2020-23-07 was issued, the FAA determined the total number
of affected helicopters stated in the Cost of Compliance paragraph in
AD 2020-23-07 was estimated as the total number of U.S. registered
Leonardo S.p.a. Model AB139 and AW139 helicopters. However, the FAA
revised the Cost of Compliance paragraph in this proposed AD to the
total number of helicopters that the type certificate holder estimated
as having an affected emergency flotation kit installed. The FAA has
also updated the cost information for the parts cost estimates.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other products of the same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters ASB No. 139-648, dated August
10, 2020 (referred to as ``ASB 139-648 First Issue'') and ASB No. 139-
648, Revision A, dated February 15, 2021 (ASB 139-648 Rev A). ASB 139-
648 First Issue specifies procedures to replace certain reservoirs and
return them to the supplier, inspect the valve pull rod by measuring
the actuator cable between the face of the pull rod and the back of the
valve cap, inspect the actuator cable by verifying the presence of a
clearance between the sphere at the end of the actuator cable and the
activation system, and adjust the actuator cable. ASB 139-648 Rev A
specifies the same procedures as ASB 139-648 First Issue, except ASB
139-648 Rev A includes a Note clarifying that LH and RH reservoirs with
S/Ns marked (or recorded on the component Log Card) with the suffix
``R'' after the S/N are not affected by Part I of ASB 139-648 Rev A,
even if they have an S/N listed in Table 1 of ASB 139-648 Rev A.
    The FAA also reviewed ASB 139-662, which specifies additional
serial-numbered reservoirs that are affected by the same unsafe
condition. ASB 139-662 also provides additional actuator cable
inspection procedures for these affected reservoirs.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all of the requirements of AD 2020-
23-07 and would expand the required actions to include the additional
serial-numbered reservoirs identified in ASB 139-662. This proposed AD
would also allow alternative service information to be used for
specific portions of certain inspections and corrective action. This

proposed AD would add an exemption from certain required actions for
reservoirs marked with an ``R'' after the S/N.

Differences Between This Proposed AD and EASA AD 2021-0054

    EASA AD 2021-0054 uses flight hours (FH) for certain compliance
times, whereas this proposed AD would use hours TIS. EASA AD 2021-0054
specifies the compliance time for certain serial-numbered reservoirs to
be replaced is within 25 FH after August 26, 2020 (the effective date
of EASA AD 2020-0185), whereas this proposed AD would require certain
serial-numbered reservoirs to be removed from service within 25 hours
TIS after December 4, 2020 (the effective date of AD 2020-23-07). EASA
AD 2021-0054 specifies the compliance time for certain serial-numbered
reservoirs to be replaced is within 25 FH after March 4, 2021 (the
effective date of EASA AD 2021-0054), whereas this proposed AD would
require certain serial-numbered reservoirs to be removed from service
within 25 hours TIS after the effective date of this AD.
    EASA AD 2021-0054 specifies the compliance time to inspect the
valve pull rod for certain helicopters is after replacement of the
affected reservoir and within 5 FH after the serviceable reservoir
exceeds 50 FH since installation, whereas this proposed AD would
require the valve pull rod inspection for certain helicopters within 25
hours TIS or before the reservoir accumulates 55 total hours TIS since
first installation on a helicopter, whichever occurs later after
December 4, 2020 (the effective date of AD 2020-23-07).
    EASA AD 2021-0054 specifies the compliance time to inspect the
actuator cable for certain helicopters is before next flight after the
replacement of the affected reservoir and for certain other helicopters
within 25 FH after August 26, 2020 (the effective date of EASA AD 2020-
0185), whereas this proposed AD would require the actuator cable
inspection for certain helicopters within 25 hours TIS after December
4, 2020 (the effective date of AD 2020-23-07).
    EASA AD 2021-0054 requires returning removed reservoirs to the
supplier, whereas this proposed AD would require removing certain
reservoirs from service and replacing other reservoirs instead.

Costs of Compliance

    The FAA estimates that this AD affects 15 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates that operators may incur the following
costs in order to comply with this AD.
    Replacing a reservoir would take about 1 work-hour and parts would
cost up to $3,710 for an estimated cost of up to $3,795 per reservoir.
    Inspecting the valve pull rod of a reservoir would take about 1
work-hour for an estimated cost of $85 per reservoir and up to $ 2,550
for the U.S. fleet.
    Inspecting an actuator cable would take about 0.25 work-hours for
an estimated cost of $21 per inspection and up to $630 for the U.S.
fleet.
    If required, adjusting an actuator cable would take about 0.75
work-hour for an estimated cost of $64 per cable.

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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

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:
0
a. Removing Airworthiness Directive 2020-23-07, Amendment 39-21323 (85
FR 73610, November 19, 2020); and
0
b. Adding the following new airworthiness directive:

Leonardo S.p.a.: Docket No. FAA-2021-1174; Project Identifier MCAI-
2021-00246-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by February 28, 2022.

(b) Affected ADs

    This AD replaces AD 2020-23-07, Amendment 39-21323 (85 FR 73610,
November 19, 2020) (AD 2020-23-07).

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139
helicopters, certificated in any category, with emergency flotation
kit part number (P/N) 4G9560F00111 (15 passengers) or 4G9560F00211
(18 passengers) installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2560, Emergency
Equipment, and 2564, Life Raft.

(e) Unsafe Condition

    This AD was prompted by the inadvertent activation and
deployment of an emergency life raft while the helicopter was in
flight. The FAA is issuing this AD to prevent the unintended
deployment of a life raft (raft). The unsafe condition, if not
addressed, could result in the deployment of a raft during flight,
separation of the raft with possible impact on the rotors, and
subsequent reduced control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) For helicopters with a right-hand (RH) or left-hand (LH)
life raft reservoir (reservoir) P/N 3G2560V01951 or P/N 3G2560V01251
and with a serial number (S/N) listed in

Table 1 of Leonardo Helicopters Alert Service Bulletin (ASB) No.
139-648, dated August 10, 2020 (referred to as ``ASB 139-648 First
Issue''), within 25 hours time-in-service (TIS) after December 4,
2020 (the effective date of AD 2020-23-07), remove each affected
reservoir from service. Any reservoir with the letter ``R'' after
the S/N is excluded from this requirement.
    (2) For helicopters with a RH or LH reservoir P/N 3G2560V01951
or P/N 3G2560V01251 and with an S/N listed in Table 1 of Leonardo
Helicopters ASB No. 139-662, dated February 15, 2021 (ASB 139-662)
within 25 hours TIS after the effective date of this AD, remove each
affected reservoir from service. Any reservoir with the letter ``R''
after the S/N is excluded from this requirement.
    (3) For helicopters with a RH or LH reservoir P/N 3G2560V01951
or P/N 3G2560V01251 and with an S/N not listed in Table 1 of ASB
139-648 First Issue or Table 1 of ASB 139-662 installed, within 25
hours TIS or before the reservoir accumulates 55 total hours TIS
since first installation on a helicopter, whichever occurs later
after December 4, 2020 (the effective date of AD 2020-23-07),
inspect the valve pull rod of each reservoir by following the
Accomplishment Instructions, Part II, paragraphs 3. through 5.1, of
ASB 139-648 First Issue. Any reservoir with the letter ``R'' after
the S/N is included in this requirement. If the measurement of the
actuator cable between the face of the pull rod and the back of the
valve cap exceeds 68.5 mm, before further flight, replace the
reservoir. As an alternative to using the specified portions of ASB
139-648 First Issue, you may accomplish the valve pull rod
inspection by following the Accomplishment Instructions, Part II,
paragraphs 3. through 5.1, of Leonardo Helicopters ASB No. 139-648,
Revision A, dated February 15, 2021 (ASB 139-648 Rev A).
    Note 1 to paragraph (g)(3): An actuator cable, which is
referenced in paragraphs (g)(3) and (4) of this AD, is also known as
an actuation cable.
    (4) For helicopters with a RH or LH reservoir P/N 3G2560V01951
or P/N 3G2560V01251 and with an S/N not listed in Table 1 of ASB
139-648 First Issue or Table 1 of ASB 139-662 installed, within 25
hours TIS after December 4, 2020 (the effective date of AD 2020-23-
07), inspect the actuator cable of each reservoir by following the
Accomplishment Instructions, Part III, paragraphs 3. through 5.1, of
ASB 139-648 First Issue. Any reservoir with the letter ``R'' after
the S/N in included in this requirement. If the clearance between
the sphere at the end of the actuator cable and the activation
system exceeds 5.0 +0.00/-2.0 mm, before further flight, adjust the
actuator cable by following Annex A of ASB 139-648 First Issue. As
an alternative to using the specified portions of ASB 139-648 First
Issue, you may accomplish the actuator cable inspection and
corrective action by following:
    (i) The Accomplishment Instructions, Part III, paragraphs 3.
through 5.1, and Annex A, as applicable, of ASB 139-648 Rev A, or
    (ii) The Accomplishment Instructions, paragraphs 4 through
4.3.1, and Annex A, as applicable, of ASB 139-662.
    (5) As of the effective date of this AD, do not install
reservoir P/N 3G2560V01951 or P/N 3G2560V01251 with an S/N listed in
Table 1 of ASB 139-648 First Issue, Table 1 of ASB 139-648 Rev A, or
Table 1 of ASB 139-662 on any helicopter. Any reservoir with the
letter ``R'' after the S/N is excluded from this requirement.
    (6) As of the effective date of this AD, do not install a
reservoir P/N 3G2560V01951 or P/N 3G2560V01251 with an S/N other
than an S/N listed in Table 1 of ASB 139-648 First Issue, Table 1 of
ASB 139-648 Rev A, or Table 1 of ASB 139-662, on any helicopter
unless you have complied with the requirements in paragraphs (g)(3)
and (4) of this AD, as applicable to your helicopter.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (j)(1) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email [email protected].
    (2) For service information identified in this AD, contact
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-225074; fax +39-0331-229046; or at https://customerportal.leonardocompany.com/en-US/. You may view this
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (3) The subject of this AD is addressed in European Union
Aviation Safety Agency (EASA) AD 2021-0054, dated February 25, 2021.
You may view the EASA AD on the internet at https://www.regulations.gov in Docket No. FAA-2021-1174.

    Issued on January 3, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-00057 Filed 1-11-22; 8:45 am]
BILLING CODE 4910-13-P