[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Proposed Rules]
[Pages 30448-30451]
[FR Doc No: 2012-12464]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0354]
RIN 1625-AA00

Safety Zone; A Salute to Our Heroes Fireworks, Hamlin Beach State
Park, Hamlin, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on Hamlin Beach State Park, Hamlin, NY. This proposed rule is intended
to restrict vessels from a portion of water off Hamlin Beach State Park
during the A Salute to Our Heroes on July 07, 2012. The safety zone
established by this proposed rule is necessary to protect spectators,
participants, and vessels from the hazards associated with firework
display.

DATES: Comments and related material must be received by the Coast
Guard on or before June 7, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0354 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email LT Christopher Mercurio, Chief of Waterway
Management, U.S. Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0354), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.

    To submit your comment online, go to http://www.regulations.gov,
type the docket number ``USCG-2012-0354'' into the ``search'' box and
click ``search.'' Click on ``Submit a Comment'' on the line associated
with this rulemaking. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the proposed rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2012-0354 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. We have an agreement with the Department of Transportation to
use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    Between 10:15 p.m. and 11 p.m. on July 7, 2012 a fireworks display
will be held on the waters of Hamlin Beach State Park near Hamlin, NY.
The Captain of the Port Buffalo has determined that fireworks launched
proximate to watercraft pose a significant risk to public safety and
property. Such hazards include premature detonations, dangerous
detonations, dangerous projectiles, and falling or burning debris.

Discussion of Proposed Rule

    The proposed safety zone would be effective and enforced from 9:45
p.m. until 11:30 p.m. on July 7, 2012. The proposed safety zone would
encompass all waters of Hamlin Beach State Park, Hamlin, NY within a
700 FT radius of position 43[deg]21'51.9'' N and 77[deg]56'59.6'' W
(NAD 83).
    Entry into, transiting, or anchoring within the proposed safety
zone would be prohibited unless authorized by the Captain of the Port
Buffalo or his on-scene representative. The Captain of the Port or his
on-scene representative may be contacted via VHF Channel 16.
    This proposed temporary safety zone is necessary to ensure the
safety of spectators and vessels during the ``A Salute to Our Heroes''
fireworks display.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We conclude that this proposed rule is not a
significant regulatory action because we anticipate that it will have
minimal impact on the economy, will not interfere with other agencies,
will not adversely alter the budget of any grant or loan recipients,
and will not raise any novel legal or policy issues. The safety zone
created by this proposed rule will be relatively small and enforced for
a relatively short time. Also, the proposed safety zone is designed to
minimize its impact on navigable waters. Furthermore, the proposed
safety zone has been designed to allow vessels to transit around it.
Thus, restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the proposed safety zone when permitted by the
Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed temporary final rule may affect the following
entities, some of which might be small entities: the owners of
operators of vessels intending to transit or anchor in a portion of
Lake Erie near Hamlin, NY on July 07, 2011 from 9:45 p.m. until 11:30
p.m.
    This proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: this proposed rule will only be enforced for 105 minutes in a
low vessel traffic area. Vessel traffic can pass safely around the
zone. Before the effective period, maritime advisories will be issued,
which include a Broadcast Notice to Mariners.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If this
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Christopher
Mercurio, Chief of Waterway Management, U.S. Coast Guard Sector
Buffalo; telephone<PHONE_NUMBER>, email

<EMAIL_ADDRESS>The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

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 proposed rule would not
result in such expenditure, we do discuss the effects of this proposed
rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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 proposed rule is
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, because it involves the establishment of a safety zone.
    A preliminary environmental analysis checklist and a preliminary
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
    We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    2. Add Sec.  165.T09-0354 to read as follows:

Sec.  165.T09-0354  Safety Zone; A Salute to Our Heroes Fireworks,
Hamlin Beach State Park, Hamlin, NY.

    (a) Location. The safety zone will encompass all waters of the
Hamlin Beach State Park, Hamlin, NY within a 700 FT radius of position
43[deg]21'51.9'' N and 77[deg]56'59.6'' W (NAD 83).
    (b) Enforcement Period. This regulation will be enforced on July 7,
2012 from 9:45 p.m. until 11:30 p.m.
    (c) Regulations.
    (1) In accordance with the general regulations in section 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Buffalo or
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf. The on-scene representative of the Captain of the Port Buffalo
is any Coast Guard

commissioned, warrant or petty officer who has been designated by the
Captain of the Port Buffalo to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: May 3, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-12464 Filed 5-22-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Proposed Rules]
[Pages 37810-37812]
[FR Doc No: 2023-12335]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1207; Project Identifier MCAI-2022-00925-R]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Leonardo S.p.a. Model A119 and AW119 MKII helicopters. This
proposed AD was prompted by a report of an electrical failure of a
starter-generator caused by a ruptured drive shaft. This proposed AD
would require visually inspecting the drive shaft of an affected
starter-generator and depending on the results, performing a dye
penetrant inspection. Depending on the results of the dye penetrant
inspection, this proposed AD would require replacing the starter-
generator, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). 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 July 24,
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1207; 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, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet easa.europa.eu.
You may find the EASA material on the EASA website at
ad.easa.europa.eu.
     You may view this material 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>. The EASA material is also
available at regulations.gov under Docket No. FAA-2023-1207.
    Other Related Service Information: For Leonardo Helicopters service
information identified in this NPRM, contact Leonardo S.p.A., 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 customerportal.leonardocompany.com/en-US/. You may also
view this service information at the FAA contact information under
Material Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
(303) 342-1080; 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-2023-1207; Project Identifier
MCAI-2022-00925-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
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 Hal
Jensen, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].
Any commentary that the FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0148, dated July 14, 2022 (EASA
AD 2022-0148), to correct an unsafe condition for Leonardo S.p.A.
Helicopters Model A119 and AW119MKII helicopters.
    This proposed AD was prompted by a report of an electrical failure
of a starter-generator, caused by a ruptured drive shaft, which was not
detected by the generator control unit and caused

partial loss of battery power. The FAA is proposing this AD to prevent
electrical failure of the starter-generator, which could result in
complete loss of electrical power and subsequent loss of control of the
helicopter. See EASA AD 2022-0148 for additional background
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0148 requires a one-time inspection of the drive shaft
of the affected starter-generator and, depending on findings, replacing
the affected part with a serviceable part as defined therein. EASA AD
2022-0148 also requires reporting the inspection results (including no
findings) to Leonardo and implementing improved removal and
reinstallation procedures for the starter-generator.
    This material 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.

Other Related Service Information

    The FAA also reviewed Leonardo Helicopters Alert Service Bulletin
No. 119-121, dated June 21, 2022. This service information specifies
procedures for performing visual and dye penetrant inspections, and
replacing a starter-generator.

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 helicopters of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0148, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and the EASA AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2022-0148 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0148 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2022-0148 does not mean that
operators need comply only with that section. For example, where the
proposed AD requirement refers to ``all required actions and compliance
times,'' compliance with this proposed AD requirement would not be
limited to the section titled ``Required Action(s) and Compliance
Time(s)'' in EASA AD 2022-0148. Service information referenced in EASA
AD 2022-0148 for compliance will be available at regulations.gov under
Docket No. FAA-2023-1207 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    Service information referenced in EASA AD 2022-0148 does not
specify a compliance time to proceed with subsequent procedures if
there is misalignment or if the alignment is not clear, whereas this
proposed AD would require proceeding with those subsequent procedures
before further flight.
    Service information referenced in EASA AD 2022-0148 specifies
contacting LH [Leonardo Helicopters] spare management to send a
starter-generator directly to an authorized repair station for repair,
and sending a starter-generator directly to an authorized repair
station for repair, whereas this proposed AD would not require those
actions.
    EASA AD 2022-0148 specifies reporting inspection results to
Leonardo, whereas this proposed AD would not.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 136 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA estimates the
following costs to comply with this proposed AD.
    Visually inspecting a starter-generator drive shaft would take
about 1 work-hour for an estimated cost of $85 per helicopter and
$11,560 for the U.S. fleet.
    If required, dye-penetrant inspecting a starter-generator drive
shaft would take about 3 work-hours for an estimated cost of $255 per
helicopter.
    If required, replacing a starter-generator would take about 2 work-
hours and parts would cost about $11,500 for an estimated cost of
$11,670 per helicopter.

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 above, 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 adding the following new airworthiness
directive:

Leonardo S.p.a.: Docket No. FAA-2023-1207; Project Identifier MCAI-
2022-00925-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by July 24, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A119 and AW119 MKII
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2435, Starter-
Generator.

(e) Unsafe Condition

    This AD was prompted by a report of an electrical failure of a
starter-generator that was caused by a ruptured drive shaft. The
failure was not detected by the generator control unit and caused
partial loss of battery power. The FAA is issuing this AD to prevent
electrical failure of the starter-generator, possibly due to
incorrect installation or removal. The unsafe condition, if not
addressed, could result in complete loss of electrical power and
subsequent loss of control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency EASA AD 2022-
0148, dated July 14, 2022 (EASA AD 2022-0148).

(h) Exceptions to EASA AD 2022-0148

    (1) Where EASA AD 2022-0148 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0148 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
    (3) Where paragraph (1) of EASA AD 2022-0148 states to,
``inspect the drive shaft;'' for this AD, replace that text with,''
inspect the drive shaft for misalignment and a crack.''
    (4) Where the service information referenced in EASA AD 2022-
0148 specifies to proceed with subsequent procedures if there is
misalignment or if the alignment is not clear; for this AD, proceed
with those subsequent procedures before further flight.
    (5) Where the service information referenced in EASA AD 2022-
0148 states, ``with reference to Annex A, perform a liquid penetrant
inspection of the drive-shaft, in order to detect the presence of
eventual cracks;'' for this AD, replace that text with ``With
reference to Annex A, perform a dye penetrant inspection of the
drive-shaft in order to detect any cracks.''
    (6) Where the service information referenced in paragraph (1) of
EASA AD 2022-0148 specifies contacting LH [Leonardo Helicopters]
spare management to send a starter-generator directly to an
authorized repair station for repair and sending the starter-
generator to an authorized repair station for repair, this AD does
not require those actions.
    (7) Where paragraphs (2) and (4) of EASA AD 2022-0148 state,
``Part II of the ASB;'' for this AD, replace that text with, ``AMP
Data Modules 19-A-24-30-04-00A-520A-A, Starter Generator--Remove
Procedure and 19-A-24-30-04-00A-720A-A, Starter Generator--Install
Procedure, each Issue 001 and dated May 24, 2021. Except where AMP
Data Module 19-A-24-30-04-00A-520A-A Starter Generator--Remove
Procedure specifies discarding parts; for this AD, remove those
parts from service.''
    (8) This AD does not require paragraph (3) of EASA AD 2022-0148.
    (9) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0148.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0148
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199, provided they are restricted to visual flight
rules (VFR) with night operations prohibited and no passengers are
onboard.

(k) 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 (l) 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.

(l) Related Information

    For more information about this AD, contact Hal Jensen, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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) European Union Aviation Safety Agency (EASA) AD 2022-0148,
dated July 14, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0148, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find the EASA
material on the EASA website at ad.easa.europa.eu.
    (4) 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<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 2, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-12335 Filed 6-8-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 1, 2010 (Volume 75, Number 39)]
[Notices]
[Page 9202-9203]
[DOCID:fr01mr10-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM07-10-002]

Transparency Provisions of Section 23 of the Natural Gas Act;
Notice of Form No. 552 Technical Conference

February 22, 2010.
    Take notice that on March 25, 2010, a technical conference will be
convened to consider certain issues concerning Form No. 552, related to
Order Nos. 704, 704-A and 704-B.\1\ The technical conference will be
held in the

Commission Meeting Room at the headquarters of the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC, from 9
a.m. to 2 p.m. (EDT). The conference will be open to the public; there
is no registration to attend.\2\
---------------------------------------------------------------------------

    \1\ Transparency Provisions of Section 23 of the Natural Gas
Act, Order No. 704, FERC Stats. & Regs. ] 31,260 (2007) (Final
Rule); Transparency Provisions of Section 23 of the Natural Gas Act,
Order No. 704-A, FERC Stats. & Regs. ] 31,275 (2008); and
Transparency Provisions of Section 23 of the Natural Gas Act, Order
No. 704-B, 125 FERC ] 61,302 (2008).
    \2\ A Notice of Extension of Time is being issued concurrently
with this notice granting all natural gas participants an extension
of time until July 1, 2010 to file their Form No. 552 for calendar
year 2009.
---------------------------------------------------------------------------

    On December 26, 2007, the Commission issued Order No. 704,
Transparency Provisions of Section 23 of the Natural Gas Act. The Final
Rule, among other things, requires natural gas market participants to
report sales and purchase volumes of physical natural gas that use,
contribute to, or may contribute to the formation of a price index
during a calendar year. On September 18, 2008, the Commission issued
Order 704-A Order on Rehearing and Clarification and on December 18,
2008 the Commission issued Order 704-B, Order Dismissing Rehearing
Request as Deficient, Denying Reconsideration, and Granting and Denying
Clarification.
    On October 9, 2009 and November 3, 2009, the American Gas
Association and Pacific Gas & Electric Company, respectively, submitted
supplemental comments requesting clarification of certain reporting
requirements in Form No. 552. Staff has also identified other areas in
the form that require clarification and inconsistencies in reporting
physical natural gas transactions that arose during data collection and
outreach. The inconsistencies and issues identified and discussed below
will be the subject of the technical conference for Form No. 552. The
Commission may elect to modify Form No. 552 following reviews of the
supplemental comments requesting clarification and its own
clarifications after the technical conference.
    The technical conference will address only the issues identified by
staff. The topics for discussion at the conference are: (1)
Inconsistencies in reporting upstream transactions in the natural gas
supply chain on Form No. 552, and whether these transactions contribute
to wholesale price formation; (2) whether transactions involving
balancing, cash-out, operational, and in-kind transactions should be
reported on Form No. 552; and (3) whether the units of measurement
(TBtu) currently used for reporting volumes in the form are
appropriate.
    Order No. 704-A held that transactions involving unprocessed
natural gas were not reportable on Form No. 552. The Commission also
held that transactions regarding unprocessed natural gas should not be
counted when determining whether an entity falls below the de minimis
threshold.
    Through various outreach efforts and data collected in Form No. 552
for calendar year 2008, Commission staff has learned that substantial
volumes of upstream natural gas transactions may not be reflected in
Form No. 552, because of inconsistent reporting practices. The sales
and purchase volumes of upstream natural gas transactions are currently
reportable on Form No. 552 if they use, contribute to, or may
contribute to the formation of a price index. Staff believes that Form
No. 552 filers have interpreted this requirement in various ways based
on their unique situations. Therefore, staff would like to gain a
better understanding of industry reporting practices for upstream
transactions in the natural gas supply chain and to determine whether
upstream natural gas contributes to wholesale price formation.
    In Orders 704-A and 704-B, the Commission found that balancing,
cash-out, operational, in-kind, and similar transactions must be
reported in Form No. 552 if they use, contribute to, or could
contribute to the formation of a price index. Staff has preliminary
indications that the volumes of natural gas identified as cash-outs are
relatively low in relation to the total reportable physical natural gas
reported on Form No. 552. Therefore, staff is seeking to better
understand the burden and benefits of reporting these volumes.
    Finally, filers have expressed confusion about the requirement in
Form No. 552 to report transactions in trillion Btus (TBtu). Converting
data to TBtus led to a number of filing errors, and subsequent
resubmissions to correct the data were required. Staff is seeking
feedback on whether changing the reporting units to an industry
standard unit of measure like decatherms would facilitate reporting.
    An agenda for the conference will be issued in a later notice. This
technical conference will not be webcast. It will be transcribed.
Transcripts of the conference will be available immediately for a fee
from Ace Reporting Company<PHONE_NUMBER> or 1-800-336-6646).
    Any person interested in filing comments after the conference
should do so in this docket by April 2, 2010. A person is not required
to have attended the conference in order to file comments on the
specific topics herein.
    Commission conferences and meetings are accessible under section
508 of the Rehabilitation Act of 1973. For accessibility accommodations
please send an e-mail to<EMAIL_ADDRESS>or call toll free (866)
208-3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER>
with the required accommodations.
    For additional information, please contact Christopher Peterson at
202-502-8933 or<EMAIL_ADDRESS>and Thomas Russo at 202-
502-8792 or<EMAIL_ADDRESS>of FERC's Office of Enforcement.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-4089 Filed 2-26-10; 8:45 am]
BILLING CODE 6717-01-P