[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Rules and Regulations]
[Pages 34835-34837]
[FR Doc No: 2015-13948]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0938; FRL-9928-79-Region 6]

Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Transportation Conformity and Conformity of General Federal
Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Federal Clean Air Act (Act), the Environmental
Protection Agency (EPA) is approving revisions to the New Mexico State
Implementation Plan (SIP). These revisions update the transportation
conformity rules and remove the general conformity provisions.

DATES: This rule is effective on July 20, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2011-0938. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley (6PD-L), telephone:
(214) 665-8542, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The background for this action is discussed in detail in our
February 10, 2015 direct final rule and proposal (80 FR 7341). The rule
and proposal stated that if any relevant adverse comments were received
by the end of the public comment period, the direct final rule would be
withdrawn and we would respond to the comments in a subsequent final
action. A relevant adverse comment was received during the comment
period, and the direct final rule was withdrawn on April 8, 2015 (80 FR
19020). Our proposal provides the basis for this final action. These
revisions amend the transportation conformity SIP provisions and remove
the general conformity provisions from the SIP, as allowed by the Act's
2005 amendments. These revisions also address interagency consultation
and enforceability of certain transportation-related control measures
and mitigation measures.
    We received one comment on the direct final rule by one commenter,
Sierra Club. The comment and our response to the comment is below.

II. Response to Comments

    Comment: ``Acting regional administrator Sam Coleman cannot sign
approvals, disapprovals, or any combination of approvals or
disapproval, in whole or in part, due to the fact that agency actions
on state implementation plans are required to be signed by the regional
administrator, Ron Curry, not the current deputy regional administrator
as stated in the agency's delegations manual. The manual specifically
states that SIP actions can't be redelegated from the regional
administrator.''
    Response: As the Acting Regional Administrator, Deputy Regional
Administrator Sam Coleman had authority to sign the proposal and direct
final action on the SIP revisions. On January 28, 2015, the day that
the proposal and direct final action were signed, Sam Coleman was
acting in the capacity of the Regional Administrator for Ron Curry, who
was absent from Region 6 at the time. The following language is listed
in the Region 6 Deputy Regional Administrator's position description
``In the absence of the Regional Administrator, the Deputy Regional
Administrator will perform the duties of the Regional Administrator.''
Further, EPA Region 6 Order 1110.11 establishes a line of succession to
perform the duties of the Regional Administrator should the Regional
Administrator be absent from the office. The Deputy Regional
Administrator is the first person listed on that line of succession.
Copies of the two documents are included in the docket for this
rulemaking. Finally, the heads of administrative agencies are
statutorily vested with the authority to delegate authorities to
subordinate officials, 5 U.S.C. 302. Federal Courts have held that
rules, including internal delegations and appointments of authority are
effective regardless of publication in the Federal Register or the Code
of Federal Regulations.
    The comment only challenged the Deputy Regional Administrator's
authority to sign the Direct Final Action. EPA received no other
comments or challenges as to the substance of the proposal or direct
final. Therefore, we are finalizing our action to approve these SIP
amendments.

III. Final Action

    Pursuant to sections 110 and 176 of the Act, EPA is approving three
revisions to the New Mexico SIP that were submitted on October 28,
2011, November 1, 2013, and August 8, 2014. We evaluated the state's
submittals and determined that they meet the applicable requirements of
the CAA sections 110 and 176 and applicable EPA guidance. In accordance
with CAA section 110(l), these revisions will not interfere with
attainment of the NAAQS, reasonable further progress, or any other
applicable requirement of the CAA.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the New Mexico regulations as described in the Final
Action section above. We have made, and will continue to make, these
documents generally

available electronically through www.regulations.gov and/or in hard
copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

The SIP is not approved to apply on any Indian reservation land or in
any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 17, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 27, 2015.
Ron Curry,
Regional Administrator, Region 6.

    Therefore, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart GG--New Mexico

0
2. In Sec.  52.1620, the first table in paragraph (c) entitled ``EPA
Approved New Mexico Regulations'' is amended by:
0
a. Removing the entry for ``Part 98, General Conformity'';
0
b. Revising the entries for ``<IP_ADDRESS>'' through ``<IP_ADDRESS>'';
0
c. Removing the entry for ``<IP_ADDRESS> to <IP_ADDRESS>'';
0
d. Revising the entries for ``<IP_ADDRESS>'' through ``<IP_ADDRESS>'';
0
e. Removing the entries for ``<IP_ADDRESS>'' through ``<IP_ADDRESS>''.
    The revisions read as follows:

Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                                       EPA Approved New Mexico Regulations
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                                                         State approval/
          State citation               Title/Subject        effective      EPA Approval date        Comments
                                                              date
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                                       Part 99--Transportation Conformity
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<IP_ADDRESS>........................  Issuing Agency......       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
<IP_ADDRESS>........................  Scope...............       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].

<IP_ADDRESS>........................  Statutory Authority.       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
<IP_ADDRESS>........................  Duration............       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
<IP_ADDRESS>........................  Effective Date......       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
<IP_ADDRESS>........................  Objective...........       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
<IP_ADDRESS>........................  Definitions.........       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
<IP_ADDRESS>........................  Documents...........       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
<IP_ADDRESS>......................  Applicability.......       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
<IP_ADDRESS>......................  Consultation........       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
<IP_ADDRESS>......................  Agency Roles in            7/11/2014  6/18/2015 [Insert     .................
                                    Consultation.                         Federal Register
                                                                          Citation].
<IP_ADDRESS>......................  Agency                     7/11/2014  6/18/2015 [Insert     .................
                                    Responsibilities in                   Federal Register
                                    Consultation.                         Citation].
<IP_ADDRESS>......................  General Consultation       7/11/2014  6/18/2015 [Insert     .................
                                    Procedures.                           Federal Register
                                                                          Citation].
<IP_ADDRESS>......................  Consultation               7/11/2014  6/18/2015 [Insert     .................
                                    Procedures for                        Federal Register
                                    Specific Major                        Citation].
                                    Activities.
<IP_ADDRESS>......................  Consultation               7/11/2014  6/18/2015 [Insert     .................
                                    Procedures for                        Federal Register
                                    Specific Routine                      Citation].
                                    Activities.
<IP_ADDRESS>......................  Notification               7/11/2014  6/18/2015 [Insert     .................
                                    Procedures for                        Federal Register
                                    Routine Activities.                   Citation].
<IP_ADDRESS>......................  Conflict Resolution        7/11/2014  6/18/2015 [Insert     .................
                                    and Appeals to the                    Federal Register
                                    Governor.                             Citation].
<IP_ADDRESS>......................  Public Consultation        7/11/2014  6/18/2015 [Insert     .................
                                    Procedures.                           Federal Register
                                                                          Citation].
<IP_ADDRESS>......................  Enforceability of          7/11/2014  6/18/2015 [Insert     .................
                                    Design Concept and                    Federal Register
                                    Scope and Project-                    Citation].
                                    Level Mitigation
                                    and Control
                                    Measures.
<IP_ADDRESS>......................  Savings Provision...       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
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[FR Doc. 2015-13948 Filed 6-17-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 2, 2008 (Volume 73, Number 232)]
[Notices]
[Page 73322-73323]
[DOCID:fr02de08-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-429-000]

Kern River Gas Transmission Company; Notice of Availability of
the Environmental Assessment for the Proposed 2010 Expansion Project

November 24, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) on the
natural gas transmission facilities proposed by Kern River Gas
Transmission Company (Kern River) in the above-referenced docket.
    The EA was prepared to satisfy the requirements of the National
Environmental Policy Act of 1969 (NEPA). The FERC staff concludes that
approval of the proposed project, with appropriate mitigating measures,
would not constitute a major federal action significantly affecting the
quality of the human environment.
    The EA assesses the potential environmental effects of the
construction and operation of Kern River's proposed 2010 Expansion
Project. The 2010 Expansion Project would consist of: (a) Installing
one new Solar Titan 130 (ISO-rated 20,500-horsepower) gas-driven
compressor unit and restaging five compressor units at the existing
Muddy Creek Compressor Station in Lincoln County, Wyoming; (b)
restaging two compressor units at the existing Painter Compressor
Station in Uinta County, Wyoming; and (c) installing additional
metering facilities at the Opal Meter Station in Lincoln County,
Wyoming and at the Kramer Junction Meter Station in San Bernardino
County, California. In

addition, Kern River would upgrade cathodic protection of the system
within high consequence areas and undertake minor equipment
modifications at existing facilities under its blanket authorization.
Kern River would also increase the maximum allowable operating pressure
(MAOP) of 1,680 miles of pipeline (including 300 miles that is jointly
owned by Kern River and Mojave Pipeline Company) from 1,200 pounds per
square inch gauge (psig) to 1,333 psig and increase the MAOP of the
meter stations and compressor stations along its system from 1,250 psig
to 1,350 psig. Kern River would undertake the construction tasks
related to the MAOP increase pursuant to its blanket authority. The
proposed modifications (the 2010 Expansion Project) would increase
summer design capacity on Kern River's system from 1,731,126 dekatherms
per day (Dth/d) to 1,876,126 Dth/d.
    The EA has been placed in the public files of the FERC. A limited
number of copies of the EA are available for distribution and public
inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street, NE., Room 2A, Washington, DC 20426, (202) 502-
8371.
    Copies of the EA have been mailed to federal, state, and local
agencies; public interest groups; interested individuals; newspapers
and libraries in the project area; Native American groups; and parties
to this proceeding. Any person wishing to comment on the EA may do so.
To ensure consideration prior to a Commission decision on the proposal,
it is important that we receive your comments before the date specified
below.
    Please note that the Commission strongly encourages electronic
filing of any comments or interventions or protests to this proceeding.
See Title 18 of the Code of Federal Regulations, Part
385.2001(a)(1)(iii) and the instructions on the Commission's Internet
Web site at http://www.ferc.gov under the link to ``Documents and
Filings'' and ``eFiling.'' eFiling is a file attachment process and
requires that you prepare your submission in the same manner as you
would if filing on paper, and save it to a file on your computer's hard
drive. New eFiling users must first create an account by clicking on
``Sign up'' or ``eRegister.'' You will be asked to select the type of
filing you are making. This filing is considered a ``Comment on
Filing.'' In addition, there is a ``Quick Comment'' option available,
which is an easy method for interested persons to submit text-only
comments on a project. The Quick Comment User Guide can be viewed at
http://www.ferc.gov/docs-filing/efiling/quick-comment-guide.pdf. Quick
Comment does not require a FERC eRegistration account; however, you
will be asked to provide a valid email address. All comments submitted
under either eFiling or the Quick Comment option are placed in the
public record for the specified docket.
    If you are filing written comments, please carefully follow these
instructions to ensure that your comments are received in time and
properly recorded:
     Send an original and two copies of your comments to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Room 1A, Washington, DC 20426;
     Reference Docket No. CP08-429-000;
     Label one copy of the comments for the attention of the
Gas Branch 1, PJ-11.1; and
     Mail your comments so that they will be received in
Washington, DC on or before December 24, 2008.
    Comments will be considered by the Commission but will not serve to
make the commentor a party to the proceeding. Any person seeking to
become a party to the proceeding must file a motion to intervene
pursuant to Rule 214 of the Commission's Rules of Practice and
Procedures (18 CFR 385.214).\1\ Only intervenors have the right to seek
rehearing of the Commission's decision.
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    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
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    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field (i.e., CP08-429). Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. To register for this service, go to the eSubscription
link on the FERC Internet Web site (http://www.ferc.gov/
esubscribenow.htm).

Kimberly D. Bose,
Secretary.
[FR Doc. E8-28488 Filed 12-1-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Proposed Rules]
[Pages 60896-60899]
[FR Doc No: 2023-18930]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1811; Project Identifier MCAI-2023-00146-E]
RIN 2120-AA64

Airworthiness Directives; GE Aviation Czech s.r.o. (Type
Certificate Previously Held by WALTER Engines a.s., Walter a.s., and
MOTORLET a.s.) Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2023-01-07, which applies to all GE Aviation Czech s.r.o. (GEAC) (type
certificate previously held by WALTER Engines a.s., Walter a.s., and
MOTORLET a.s.) Model H75-100, H75-200, H80, H80-100, H80-200, H85-100,
and H85-200 engines. AD 2023-01-07 requires revising the airworthiness
limitations section (ALS) of the existing engine maintenance manual
(EMM) and the operator's existing approved maintenance or inspection
program, as applicable, to incorporate updated coefficients and
recalculate the cycles accumulated on critical parts. Since the FAA
issued AD 2023-01-07, the manufacturer revised the ALS of the EMM to
introduce new and more restrictive airworthiness limitations and
associated thresholds and intervals for life-limited parts, which
prompted this proposed AD. This proposed AD would require revising the
ALS of the existing EMM and the operator's existing approved engine
maintenance or inspection program, as applicable, to incorporate new
and more restrictive instructions and associated thresholds and
intervals for life-limited parts, 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 NPRM by October 23, 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-2023-1811; 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 mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information that is proposed for IBR in this
NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
phone: +49 221 8999 000; email: [email protected]; website:
easa.europa.eu. You may find this material on the EASA website at
ad.easa.europa.eu. It is also available at regulations.gov under Docket
No. FAA-2023-1811.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Barbara Caufield, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone:<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-2023-1811; Project Identifier
MCAI-2023-00146-E'' 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
the 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
Barbara Caufield, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590. 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 2023-01-07, Amendment 39-22301 (88 FR 7355,
February 3, 2023; corrected February 16, 2023 (88 FR 10013)) (AD 2023-
01-07), for all GEAC Model H75-100, H75-200, H80, H80-100, H80-200,
H85-100, and H85-200 engines. AD 2023-01-07 was prompted by an MCAI
originated by

EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued EASA AD 2022-0008, dated January 19, 2022
(EASA AD 2022-0008), to address an unsafe condition identified as
failure of the engine. EASA AD 2022-0008 stated that the airworthiness
limitations for H series engine models have been identified as
mandatory for continued airworthiness, and that failure to accomplish
these instructions could result in an unsafe condition. EASA AD 2022-
0008 also explained that the manufacturer published a revised ALS to
introduce updated coefficients for the calculation of the cyclic life
and safe life for the main shaft.
    AD 2023-01-07 requires revising the ALS of the existing EMM and the
operator's existing approved maintenance or inspection program, as
applicable, to incorporate updated coefficients and recalculate the
cycles accumulated on critical parts. The FAA issued AD 2023-01-07 to
prevent failure of the engine.

Actions Since AD 2023-01-07 Was Issued

    Since the FAA issued AD 2023-01-07, EASA superseded EASA AD 2022-
0008 and issued EASA AD 2023-0021, dated January 23, 2023 (EASA AD
2023-0021) (also referred to after this as the MCAI). The MCAI states
that the manufacturer revised the ALS to introduce new and more
restrictive instructions and associated thresholds and intervals for
life-limited parts. The MCAI also states that GEAC published an Alert
Service Bulletin, ASB-H75-72-10-00-0062, ASB-H80-72-10-00-0107, ASB-
H85-72-10-00-0051, ASB-M601F-72-10-00-0070, ASB-M601E-72-10-00-0120,
ASB-M601D-72-10-00-0087 and ASB-M601Z-72-10-00-0069; Revision 1, dated
January 20, 2023, published as a single document, which provides
instructions to determine the accumulated life of certain propeller
shafts.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1811.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0021, which specifies procedures for
operators to revise the ALS of the existing EMM and the operator's
existing approved engine maintenance or inspection program, as
applicable, to incorporate new and more restrictive instructions and
associated thresholds and intervals for life-limited parts, as
applicable to each engine model.
    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 ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the MCAI described previously, except for any differences identified
as exceptions in the regulatory text of this proposed AD and as
discussed under ``Differences Between this Proposed AD and the MCAI.''
The owner/operator (pilot) holding at least a private pilot certificate
may revise the ALS of the existing EMM and must enter compliance with
the applicable paragraph of this proposed AD into the engine
maintenance records in accordance with 14 CFR 43.9(a) and
91.417(a)(2)(v). The pilot may perform this action because it only
involves revising the pilot's manual. This action could be performed
equally well by a pilot or a mechanic. This is an exception to the
FAA's standard maintenance regulations.

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 since
coordinated with other manufacturers and CAAs to use this process. As a
result, the FAA proposes to incorporate by reference EASA AD 2023-0021
in the FAA final rule. This proposed AD would, therefore, require
compliance with EASA AD 2023-0021 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 the EASA AD does not
mean that operators need comply only with that section. For example,
where the AD requirement refers to ``all required actions within the
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
EASA AD 2023-0021. Service information required by the EASA AD for
compliance will be available at regulations.gov by searching for and
locating Docket No. FAA-2023-1811 after the FAA final rule is
published.

Differences Between This Proposed AD and the MCAI

    Where EASA AD 2023-0021 defines the AMP as the approved Aircraft
Maintenance Programme containing the tasks on the basis of which the
scheduled maintenance is conducted to ensure the continuing
airworthiness of each operated engine, this proposed AD defines the AMP
as the aircraft maintenance program containing the tasks on the basis
of which the scheduled maintenance is conducted to ensure the
continuing airworthiness of each operated airplane.
    Where EASA AD 2023-0021 defines the ALS as the Airworthiness
Limitations Section of the GEAC EMM No. 0983402 Revision 25, dated
November 21, 2022, this proposed AD defines the ALS as the
airworthiness limitations section of the GEAC EMM No. 0983402 Revision
26, dated February 1, 2023. The ALS in Revision 26 of the EMM is
unchanged from Revision 25 of the EMM.
    Where paragraph (3) of EASA AD 2023-0021 specifies revising the
approved Aircraft Maintenance Programme within 12 months after the
effective date of EASA AD 2023-0021, this proposed AD would require
revising the ALS of the existing approved engine maintenance or
inspection program, as applicable, within 90 days after the effective
date of this AD.
    This proposed AD would not require compliance with paragraphs (1),
(2), (4), and (5) of EASA AD 2023-0021.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 33 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise the ALS........................  1 work-hour x $85 per                 $0             $85          $2,805
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

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 that the 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 2023-01-07, Amendment 39-22301 (88
FR 7355, February 3, 2023; corrected February 16, 2023 (88 FR 10013));
and
0
b. Adding the following new airworthiness directive:

GE Aviation Czech s.r.o. (Type Certificate Previously held by WALTER
Engines a.s., Walter a.s., and MOTORLET a.s.): Docket No. FAA-2023-
1811; Project Identifier MCAI-2023-00146-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 23, 2023.

(b) Affected ADs

    This AD replaces AD 2023-01-07, Amendment 39-22301 (88 FR 7355,
February 3, 2023; corrected February 16, 2023 (88 FR 10013)).

(c) Applicability

    This AD applies to GE Aviation Czech s.r.o. (Type Certificate
Previously held by WALTER Engines a.s., Walter a.s., and MOTORLET
a.s.) Model H75-100, H75-200, H80, H80-100, H80-200, H85-100, and
H85-200 engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine
(Turbine/Turboprop).

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the
airworthiness limitations section (ALS) of the existing engine
maintenance manual (EMM) to introduce new and more restrictive
airworthiness limitations and associated thresholds and intervals
for life-limited parts. The FAA is issuing this AD to prevent
failure of the engine. The unsafe condition, if not addressed, could
result in uncontained release of a critical part, damage to the
engine, and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    (1) Except as specified in paragraph (h) of this AD: Perform all
required actions within the compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0021, dated January 23, 2023 (EASA AD 2023-0021).
    (2) The action required by paragraph (g)(1) of this AD may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with 14 CFR 43.9(a)
and 91.417(a)(2)(v). The record must be maintained as required by 14
CFR 91.417, 121.380, or 135.439.

(h) Exceptions to EASA AD 2023-0021

    (1) Where EASA AD 2023-0021 defines the AMP as ``the approved
Aircraft Maintenance Programme containing the tasks on the basis of
which the scheduled maintenance is conducted to ensure the
continuing airworthiness of each operated engine,'' for this AD,
replace that text with, ``the aircraft maintenance program
containing the tasks on the basis of which the scheduled maintenance
is conducted to ensure the continuing airworthiness of each operated
airplane.''
    (2) Where EASA AD 2023-0021 defines the ALS as ``the
Airworthiness Limitations Section of GEAC EMM No. 0983402 Revision
25, dated November 21, 2022,'' for this AD, replace that text with,
``the airworthiness limitations section of GEAC EMM No. 0983402
Revision 26, dated February 1, 2023.'' The ALS in Revision 26 of the
EMM is unchanged from Revision 25 of the EMM.
    (3) Where EASA AD 2023-0021 refers to its effective date, this
AD requires using the effective date of this AD.
    (4) Where paragraph (3) of EASA AD 2023-0021 specifies revising
``the approved AMP within 12 months after the effective date of EASA
AD 2023-0021,'' replace that text with, ``the ALS of the existing
approved engine maintenance or inspection program, as applicable,
within 90 days after the effective date of this AD.''
    (5) This AD does not require compliance with paragraphs (1),
(2), (4), and (5) of EASA AD 2023-0021.
    (6) This AD does not adopt the Remarks paragraph of EASA AD
2023-0021.

(i) Provisions for Alternative Actions and Intervals

    After performing the actions required by paragraph (g) of this
AD, no alternative actions and associated thresholds and intervals,
including life limits, are allowed unless they are approved as
specified in the provisions of the ``Ref. Publications'' section of
EASA AD 2023-0021.

(j) 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 (k) of
this AD and email 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.

(k) Additional Information

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

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency AD 2023-0021, dated
January 23, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0021, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; website: easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (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, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 25, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-18930 Filed 9-5-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 28, 2008 (Volume 73, Number 230)]
[Rules and Regulations]
[Page 72326-72328]
[DOCID:fr28no08-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1244; Directorate Identifier 2008-SW-59-AD;
Amendment 39-15752; AD 2008-22-52]
RIN 2120-AA64

Airworthiness Directives; MD Helicopters, Inc. Model 500N and
600N Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This document supersedes AD 2008-18-52 and publishes in the
Federal Register an amendment adopting Emergency Airworthiness
Directive (AD) 2008-22-52 which was sent previously to all known U.S.
owners and operators of MD Helicopters, Inc. (MDHI) Model 500N and 600N
helicopters by individual letters. This AD requires turning OFF the Yaw
Stability Augmentation System (YSAS); installing a placard that limits
airspeed to 100 KTS or VNE, whichever is less; and revising
the limitations section of the Rotorcraft Flight Manual (RFM) to
reflect that limitation. Finally, replacing the adapter tubes with
airworthy adapter tubes that have a production date code stamp is
required. This AD is prompted by several occurrences of failed adapter
tubes on the Model MD900 helicopter which uses the same adapter tubes.
The actions specified by this AD are intended to prevent loss of yaw
control and subsequent loss of control of the helicopter.

DATES: Effective December 15, 2008, to all persons except those persons
to whom it was made immediately effective by Emergency AD 2008-22-52,
issued on October 23, 2008, which contained the requirements of this
amendment.
    Comments for inclusion in the Rules Docket must be received on or
before January 27, 2009.

ADDRESSES: Use one of the following addresses to submit comments on
this AD:
     Federal eRulemaking Portal: Go to http://
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from MD
Helicopters Inc., Attn: Customer Support Division, 4555 E. McDowell
Rd., Mail Stop M615, Mesa, Arizona 85215-9734, telephone 1-800-388-
3378, fax<PHONE_NUMBER>, or on the Web at http://www.mdhelicopters.com.
    Examining the Docket: You may examine the docket that contains the
AD, any comments, and other information on the Internet at http://
www.regulations.gov, or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone<PHONE_NUMBER>) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Eric D. Schrieber, FAA, Los Angeles
Aircraft Certification Office, Aviation Safety Engineer, Airframe
Branch, 3960 Paramount Blvd., Lakewood, California 90712, telephone
562-627-5348, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On August 20, 2008, we issued Emergency AD
2008-18-51 for 500N, 600N, and MD900 helicopters. Emergency AD 2008-18-
51 was prompted by reports that 2 MD900 helicopters experienced failed
vertical stabilizer control system (VSCS) adapter tubes. In one case,
the helicopter experienced an uncommanded yaw, resulting in loss of a
window and a door. The Emergency AD required several actions related to
the YSAS for the Model 500N and 600N helicopters and to the vertical
stabilizer control system (VSCS) for the Model MD900 helicopters.
    After we issued Emergency AD 2008-18-51, we discovered that pulling
the circuit breaker per the Emergency AD caused impaired directional
control, which could result in loss of control of the helicopter.
Therefore, on August 27, 2008, we issued superseding Emergency AD 2008-
18-52, which requires, for Model 500N, 600N and MD900 helicopters,
turning OFF the VSCS or YSAS switches instead of pulling the circuit
breakers and installing placards that limit airspeed to 100 KIAS or
VNE, whichever is less. For the Model MD900 helicopters,
limiting flight to VFR, prohibiting use of the autopilot, and making
changes to the Emergency Procedures and Airworthiness (sic) Limitations
sections of the RFM are also required. For all of the helicopter
models, Emergency AD 2008-18-52 requires, within 45 days, terminating
action by replacing the adapter tube with an airworthy adapter tube
that has a date stamp of August 15, 2008 or later, and then removing
the placards, removing the AD limitation changes from the RFM, and
returning all switches and circuit breakers to their normal positions.
    Since the issuance of Emergency AD 2008-18-52, we have had
additional occurrences of failed adapter tubes on the MD900
helicopters. The replacement adapter tube that was terminating action
for the requirements of Emergency AD 2008-18-52 failed on 2 of the
MD900 helicopters. Furthermore, adapter tubes without a production date
code stamp remain a safety concern on the 500N and 600N helicopters
because they may not conform to the FAA-approved design. Therefore, we
separated the AD actions and issued 2 superseding Emergency ADs; 2008-
22-52 for the 500N and 600N helicopters, and 2008-22-53 for the MD900
helicopters.
    Emergency AD 2008-22-52 applies to the 500N and 600N helicopters
and continues to require the same actions as Emergency AD 2008-18-52;
however,

we made minor editorial changes as well as the following changes:
     We do not include any serial numbers in the applicability
because this unsafe condition can occur on any helicopter with the
affected adapter tube installed.
     We require that the limitations section of the RFM be
revised to reflect the airspeed limitation required by the placard.
     We require that replacement adapter tubes have a
production date code stamped on them to determine that the parts are
airworthy (e.g., 08-08 indicates a production date of August 2008).
    We have reviewed MDHI Service Bulletin (SB) SB500N-040R1/SB600N-
047R1 dated August 27, 2008. The SB specifies de-energizing the YSAS,
installing a placard that limits the airspeed, and replacing the YSAS
adapter.
    Since the unsafe condition described is likely to exist or develop
on other MDHI Model 500N and 600N helicopters of the same type designs,
we issued superseding Emergency AD 2008-22-52 to prevent loss of yaw
control and subsequent loss of control of the helicopter. The Emergency
AD requires the following before further flight:
     Turning OFF the YSAS switch.
     Installing a placard on the instrument panel as close as
practicable to the airspeed indicator that states:

    ``YSAS SYSTEM IS OFF. AIRSPEED LIMIT 100 KIAS or VNE,
WHICHEVER IS LESS.''

     Revising the limitations section of the RFM to limit the
airspeed to 100 KIAS or VNE, whichever is less.
    The Emergency AD also requires replacing adapter tubes without a
production date code stamp with adapter tubes that have a production
date code stamp within 45 days and is terminating action for the
requirements of the Emergency AD. After replacing the affected adapter
tubes, the Emergency AD requires removing the placards, removing the
revisions that were made to the RFM because of the Emergency AD, and
returning the YSAS system to its normal position. The short compliance
time involved is required because the previously described critical
unsafe condition can adversely affect the controllability of the
helicopter. Therefore, the actions described previously are required
before further flight and within 45 days, and this AD must be issued
immediately.
    Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual letters
issued on October 23, 2008 to all known U.S. owners and operators of
MDHI Model 500N and 600N helicopters. These conditions still exist, and
the AD is hereby published in the Federal Register as an amendment to
14 CFR 39.13 to make it effective to all persons.
    We estimate that this AD will affect 65 helicopters of U.S.
registry. The required actions will take about 6 work hours per
helicopter, at an average labor rate of $80 per work hour. Required
parts will cost about $920 per helicopter. Based on these figures we
estimate the total cost impact of the AD on U.S. operators to be
$91,000 ($1,400 per helicopter). However, MDHI states in their service
information that required YSAS adapters will be supplied at no cost and
labor costs of 5.7 hours will be covered under labor warranty. Assuming
operators take advantage of these credits, we estimate that this AD
will have a negligible cost impact on U.S. operators.

Comments Invited

    This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any written data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2008-1244; Directorate
Identifier 2008-SW-59-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the AD. We will consider all
comments received by the closing date and may amend the AD in light of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of our
docket Web site, you can find and read the comments to any of our
dockets, including the name of the individual who sent the comment. You
may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).

Regulatory Findings

    We have determined that 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 the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD. See the AD docket to examine the economic evaluation.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:

2008-22-52 MD Helicopters, Inc.: Amendment 39-15752. Docket No. FAA-
2008-1244; Directorate Identifier 2008-SW-59-AD. Supersedes
Emergency AD 2008-18-52, Directorate Identifier 2008-SW-52-AD.

     Applicability: Model 500N and 600N helicopters, with a Yaw
Stability Augmentation System (YSAS) adapter tube, part number
500N7218-1, installed, certificated in any category. Adapter tubes
that have a production date code stamp are not included in the
applicability of this AD.
    Compliance: Required as indicated, unless accomplished
previously.
    To prevent loss of yaw control and subsequent loss of control of
the helicopter, do the following:
    (a) Before further flight:
    (1) Turn OFF the YSAS switch.
    (2) Install a placard on the instrument panel as close as
practicable to the airspeed indicator that states:

    ``YSAS SYSTEM IS OFF. AIRSPEED LIMIT 100 KIAS or VNE,
WHICHEVER IS LESS.''

    Note: MDHI Service Bulletin SB500N-040R1/SB600N-047R1, dated
August 27, 2008, and maintenance manual CSP-HMI-3, Section 96-00-00,
pertain to the subject of this AD.

    (3) Make pen and ink changes or place a copy of this AD in the
limitations section of the rotorcraft flight manual (RFM) to revise
the limitations as follows: ``VNE is limited to 100 KIAS
or less as determined by referring to the airspeed VNE
placard already installed on the helicopter.''
    (b) Within 45 days, replace each affected adapter tube with an
airworthy adapter tube that has a production date code stamp. This
replacement is terminating action for the requirements of this AD.
Once this replacement has been done, remove the placards, remove the
airspeed restriction revisions that were made to the RFM, and return
the YSAS system to its normal position.
    (c) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Los Angeles Aircraft Certification Office, FAA,
ATTN: Eric D. Schrieber, Aviation Safety Engineer, Airframe Branch,
3960 Paramount Blvd., Lakewood, California 90712, telephone 562-627-
5348, fax<PHONE_NUMBER>, for information about previously approved
alternative methods of compliance.
    (d) Copies of the applicable service information may be obtained
from MD Helicopters Inc., Attn: Customer Support Division, 4555 E.
McDowell Rd., Mail Stop M615, Mesa, Arizona 85215-9734, telephone 1-
800-388-3378, fax<PHONE_NUMBER>, or on the Web at http://
www.mdhelicopters.com.
    (e) This amendment becomes effective on December 15, 2008, to
all persons except those persons to whom it was made immediately
effective by Emergency AD 2008-22-52, issued October 23, 2008, which
contained the requirements of this amendment.

    Issued in Fort Worth, Texas, on November 14, 2008.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E8-28110 Filed 11-26-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74105-74106]
[FR Doc No: 2021-28270]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]

TUV Rheinland of North America, Inc.: Grant of Expansion of
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for TUV Rheinland of North America, Inc., as a
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on
December 29, 2021.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor; telephone:<PHONE_NUMBER>;
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor; telephone:
(202) 693-2110; email: [email protected]. OSHA's web page includes
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of TUV Rheinland of North America, Inc. (TUVRNA), as a
NRTL. TUVRNA's expansion covers the addition of one test standard to
the NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes applications by NRTLs or applicant
organizations for initial recognition, as well as for expansion or
renewal of recognition, following requirements in Appendix A to 29 CFR
1910.7. This appendix requires that the agency publish two notices in
the Federal Register in processing an application. In the first notice,
OSHA announces the application and provides the preliminary finding. In
the second notice, the agency provides the final decision on the
application. These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational web page
for each NRTL, including TUVRNA, which details that NRTL's scope of
recognition. These pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVRNA submitted an application, dated May 14, 2019 (OSHA-2007-
0042-0055), to expand recognition to include the addition of one test
standard. OSHA staff performed a detailed analysis of the application
packet and reviewed other pertinent information. OSHA did not perform
any on-site reviews in relation to this application.
    OSHA published the preliminary notice announcing TUVRNA's expansion
applications in the Federal Register on November 1, 2021 (86 FR 60296).
The agency requested comments by November 16, 2021, but it received no
comments in response to this notice. OSHA now is proceeding with this
final notice to grant expansion of TUVRNA's scope of recognition.
    To review copies of all public documents pertaining to TUVRNA's
application, go to www.regulations.gov or contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of Labor
at<PHONE_NUMBER>. Docket No. OSHA-2007-0042 contains all materials in
the record concerning TUVRNA's recognition. Please note: Due to the
COVID-19 pandemic, the Docket Office is closed to the public at this
time but can be contacted at<PHONE_NUMBER>, TTY<PHONE_NUMBER>.

II. Final Decision and Order

    OSHA staff examined TUVRNA's expansion application, their
capability to meet the requirements of the test standard, and other
pertinent information. Based on its review of this evidence, OSHA finds
that TUVRNA meets the requirements of 29 CFR 1910.7 for expansion of
its recognition, subject to the limitations and conditions listed
below. OSHA, therefore, is proceeding with this final notice to grant
TUVRNA's scope of recognition. OSHA limits the expansion of TUVRNA's
recognition to testing and certification of products for demonstration
of conformance to the test standard shown below in Table 1.

 Table 1--Appropriate Test Standard for Inclusion in TUVRNA's NRTL Scope
                             of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 60335-2-40................  Household and Similar Electrical
                                Appliances--Safety--Part 2-40:
                                Particular Requirements for Electrical
                                Heat Pumps, Air-Conditioners and
                                Dehumidifiers.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.

A. Conditions

    Recognition is contingent on continued compliance with 29 CFR
1910.7, including but not limited to, abiding by the following
conditions of recognition:
    1. TUVRNA must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as a NRTL, and provide details of the
change(s);
    2. TUVRNA must meet all the terms of its recognition and comply
with all OSHA policies pertaining to this recognition; and
    3. TUVRNA must continue to meet the requirements for recognition,
including all previously published conditions on TUVRNA's scope of
recognition, in all areas for which it has recognition.
    OSHA hereby expands the scope of recognition of TUVRNA, subject to
the limitations and conditions specified above.

III. Authority and Signature

    Douglas L. Parker, Assistant Secretary of Labor for Occupational
Safety and Health, 200 Constitution Avenue NW, Washington, DC 20210,
authorized the preparation of this notice. Accordingly, the agency is
issuing this notice pursuant to 29 U.S.C. 657(g)(2), Secretary of
Labor's Order No. 8-2020 (85 FR 58393, September 18, 2020) and 29 CFR
1910.7.

    Signed at Washington, DC, on December 15, 2021.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-28270 Filed 12-28-21; 8:45 am]
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[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Notices]
[Page 70357-70358]
[DOCID:fr20no08-74]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1766-DR]

Indiana; Amendment No. 19 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Indiana (FEMA-1766-DR), dated June 8, 2008, and
related determinations.

EFFECTIVE DATE: November 13, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Regis Leo
Phelan, of FEMA is appointed to act as the Federal Coordinating Officer
for this declared disaster.
    This action terminates my appointment of Stephen M. DeBlasio, Sr.
as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-27572 Filed 11-19-08; 8:45 am]

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[Federal Register: September 17, 2007 (Volume 72, Number 179)]
[Notices]
[Page 52874-52875]
[DOCID:fr17se07-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RM05-17-000; RM05-25-000]

Preventing Undue Discrimination and Preference in Transmission
Service; Supplemental Notice of Technical Conferences

September 10, 2007.
    On August 28, 2007, the Commission issued notices scheduling staff
technical conferences in the above-captioned proceeding. As stated in
the August 28 notice, these technical conferences will review and
discuss the draft proposals regarding processes for transmission
planning required by the ``Order Extending Compliance Action Date and
Establishing Technical Conferences'' issued in this proceeding on July
27, 2007.\1\ The Commission hereby provides

the following additional information and instruction regarding these
conferences, including the hotel conference sites.
---------------------------------------------------------------------------

    \1\ Preventing Undue Discrimination and Preference in
Transmission Service, 120 FERC ] 61,103 at P 2 & 5 (2007) (July 27
Order).
    In the July 27 Order, the Commission extended until December 7,
2007 the date for transmission providers to submit an Attachment K
to their Open Access Transmission Tariff incorporating the
transmission planning principles and concepts adopted in Order No.
890. Preventing Undue Discrimination and Preference in Transmission
Service, Order No. 890, 72 FR 12266 (March 15, 2007), FERC Stats. &
Regs. ] 31,241 at P 444-602 (2007), reh'g pending.
    To facilitate the development of these filings, the Commission
also required transmission providers to post a draft of their
Attachment K on or before September 14, 2007, and established a
second round of staff technical conferences, the agenda for which is
being set in this notice, for the purpose of stakeholder review of
those drafts. Additionally, on August 2, 2007, Commission staff
placed in the record of this proceeding a White Paper to assist
transmission providers in their development of tariff language
consistent with the requirements of Order No. 890.
---------------------------------------------------------------------------

    The attached agenda details the dates and times of the technical
conferences and identifies the companies presenting their draft
proposals, and the customer and industry groups to be represented in
the stakeholder panels. To the extent a transmission provider is not
listed or otherwise represented by a planning group as detailed on the
attached agendas, it should contact the staff members listed below as
soon as possible. In addition, each transmission provider should e-mail
Commission staff with an electronic link to its draft proposal at
<EMAIL_ADDRESS>as soon as such proposal is posted on the

transmission provider's Web site. The Commission will provide access to
links to all draft proposals in the OATT Reform section of the
Commission's Web site at http://www.ferc.gov/industries/electric/indus-act/oatt-reform/draft-attachment-k.asp
.

    As provided for in the August 28 notice, those wishing to
participate as a panelist and provide feedback on the draft proposals
should submit a request form located at https://www.ferc.gov/whats-new/registration/transmission-planning-speaker-form.asp
 by the close of

business on September 21, 2007 (Atlanta, GA conference), September 28,
2007 (Boston, MA conference), and October 5, 2007 (Denver, CO
conference). In the event a transmission provider or interested party
is uncertain as to which technical conference is relevant, such persons
should contact staff in advance to discuss the matter.

FOR FURTHER INFORMATION CONTACT: For further information about these
conferences, please contact:

Tony Ingram (Technical Information), Office of Energy Markets and
Reliability, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>John Cohen (Legal Information), Office of the General Counsel--Energy
Markets, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
 [FR Doc. E7-18208 Filed 9-14-07; 8:45 am]

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