Unknown. Final rule

7,090 words·~32 min read·/register/2011/10/18/2011-26955

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2011-10-18.xml --- 76 201 Tuesday, October 18, 2011 Contents Administrative Conference of the United States NOTICES Meetings: Committee on Regulation, 64298 2011-26848 Agriculture Agriculture Department See National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64298-64299 2011-26812 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: eForm 6 Access Request, 64379-64380 2011-26842 Supplemental Information on Water Quality Consideration, 64380 2011-26843 Bureau of Ocean Energy Management RULES Reorganization of Title 30: Bureaus of Safety and Environmental Enforcement and Ocean Energy Management, 64432-64780 2011-22675 Bureau of Safety and Environmental Enforcement RULES Reorganization of Title 30: Bureaus of Safety and Environmental Enforcement and Ocean Energy Management, 64432-64780 2011-22675 NOTICES Meetings:

Ocean Energy Safety Advisory Committee, 64372 2011-26945 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64351-64353 2011-26929 Draft Document; Availability: Criteria for a Recommended Standard; Occupational Exposure to Diacetyl and 2,3-pentanedione, 64353 2011-26870 Meetings: Buy Quiet Workshop, 64353-64354 2011-26867 Central Central Intelligence Agency RULES Access by Historical Researchers and Certain Former Government Personnel:

Correction, 64237 2011-26901 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-26841 64300-64301 2011-26851 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64328 2011-26828 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplements:

Contracting with Canadian Commercial Corp.; Correction, 64297 2011-26944 Defense Department Defense Department See Defense Acquisition Regulations System See Navy Department Drug Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit for Chain Renewal, 64381-64382 2011-26874 Application for Registration; Application for Registration Renewal; Affidavit for Chain Renewal; etc., 64380-64381 2011-26875 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64329 2011-26926 Employment Standards Employment Standards Administration See Wage and Hour Division Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See National Nuclear Security Administration NOTICES Meetings: Advanced Scientific Computing Advisory Committee, 64330 2011-26879 Environmental Management Site-Specific Advisory Board, Portsmouth, 64329-64330 2011-26886 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Grant of Interim Waivers from Residential Clothes Washer Test Procedures:

LG Electronics U.S.A., Inc, 64330-64335 2011-26883 Grant of Interim Waivers from Residential Dishwasher Test Procedure: Miele, Inc., 64335-64337 2011-26884 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Maryland; Adhesives and Sealants Rule, 64237-64240 2011-26900 Approvals and Promulgations of Implementation Plans: North Carolina; Prevention of Significant Deterioration; Greenhouse Gas Tailoring, 64240-64244 2011-26898 Oil Pollution Prevention;

Spill Prevention, Control, and Countermeasures: Compliance Date Amendment for Farms, 64245-64248 2011-27047 PROPOSED RULES Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rules: Compliance Date Amendment for Farms, 64296-64297 2011-27045 Executive Office of the President See Central Intelligence Agency Federal Aviation Federal Aviation Administration RULES Amendment of Class D and Class E Airspace; Establishment of Class E Airspace: Casper, WY; Correction, 64233-64234 2011-26732 Establishment of Class E Airspace:

Cleveland, MS, 64235-64236 2011-26471 Nahunta, GA, 64235 2011-26470 New Market, VA, 64236-64237 2011-26469 Palmyra, PA, 64234-64235 2011-26467 Function and Reliability Flight Testing for Turbine-Powered Airplanes Weighing 6,000 Pounds or Less, 64229-64233 2011-26955 PROPOSED RULES Airworthiness Directives: CFM International, S. A. Model CFM56-5B Series Turbofan Engines, 64293-64295 2011-26823 General Electric Co. CF34-10E Series Turbofan Engines, 64287-64289 2011-26824 General Electric Co.

Turbofan Engines, 64291-64293 2011-26825 Rolls-Royce plc Turbofan Engines, 64283-64285 2011-26821 Thielert Aircraft Engines GmbH Models TAE 125-02-99 and TAE 125-01 Reciprocating Engines, 64285-64287 2011-26822 Thielert Aircraft Engines GmbH TAE 125-02-99 and TAE 125-02-114 Reciprocating Engines, 64289-64291 2011-26827 Amendments of Class E Airspace: Huntington, WV, 64295-64296 2011-26473 Federal Communications Federal Communications Commission NOTICES Meetings: Advisory Committee on Diversity for Communications in the Digital Age, 64348 2011-26818 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Flood Insurance Program Claims Appeals Process, 64361-64362 2011-26942 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 64337-64341 2011-26861 2011-26862 2011-26864 2011-26865 Cost and Revenue Studies: Big Sandy Pipeline, LLC, 64341 2011-26846 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Silver State Solar Power North LLC, 64341 2011-26863 Meetings; Sunshine Act, 64341-64343 2011-26983 Requests under Blanket Authorization:

Williston Basin Interstate Pipeline Co., 64343 2011-26847 Staff Attendances, 64343-64344 2011-26845 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Motorcoach Passenger and Driver Survey; Motorcoach Safety and Pre-Trip Safety Awareness and Emergency Preparedness Information, 64423-64424 2011-26936 Federal Reserve Federal Reserve System PROPOSED RULES Collection of Checks and Other Items by Federal Reserve Banks:

Elimination of As-of Adjustments and Other Clarifications, 64259-64264 2011-26811 Reserve Requirements of Depository Institutions: Reserves Simplification and Private Sector Adjustment Factor, 64250-64259 2011-26770 Federal Trade Federal Trade Commission NOTICES Grant of Requests for Early Termination of Waiting Period Under Premerger Notification Rules, 64348-64351 2011-26796 Federal Transit Federal Transit Administration NOTICES Environmental Impact Statements; Availability, etc.:

Metro Gold Line Foothill Extension, Azusa to Montclair, Los Angeles and San Bernardino Counties, CA, 64424-64425 2011-26872 Financial Stability Oversight Council PROPOSED RULES Authority to Require Supervision and Regulation of Certain Nonbank Financial Companies, 64264-64283 2011-26783 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: Lost River Sucker and Shortnose Sucker; Draft Revised Recovery Plan, First Revision, 64372-64374 2011-26798 Recovery Permit Application, 64374-64375 2011-26866 Environmental Assessments;

Availability, etc.: Iroquois National Wildlife Refuge, Genesee County and Orleans County, NY; Final Comprehensive Conservation Plan, 64375-64376 2011-26934 Long Range Transportation Plans: Hawaii, Idaho, Northern Nevada, Oregon, Washington, and Pacific Island Territories, 64376-64377 2011-26916 Food and Drug Food and Drug Administration NOTICES Burden of FDA Food Safety Modernization Act Fee Amounts on Small Business, 64354 2011-26815 Meetings: Science Advisory Board to the National Center for Toxicological Research, 64355-64356 2011-26891 Foreign Assets Foreign Assets Control Office NOTICES Blocked Persons and Property:

Designation of One Entity Pursuant to Executive Order 13224, 64427-64428 2011-26882 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Zero Burden Information Collection Reports, 64351 2011-26895 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Progress Reports for Empowerment Zones, 64369 2011-26917 Homelessness Prevention Study, 64368-64369 2011-26922 Housing Choice Voucher Program Administrative Fee Study, 64366-64367 2011-26918 Pre-Purchase Homeownership Counseling Demonstration and Impact Evaluation, 64367-64368 2011-26919 Delegations Of Authority: Office of Community Planning and Development, 64362-64364 2011-26909 Orders Of Succession: Office of Community Planning and Development, 64364 2011-26910 Re-Delegations of Authority:

Deputy Assistant Secretaries in Office of Community Planning and Development, 64369-64372 2011-26912 Directors and Deputy Directors of Community Planning and Development in Field Offices, 64364-64366 2011-26911 Interior Interior Department See Bureau of Ocean Energy Management See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service Internal Revenue Internal Revenue Service NOTICES Meetings: Electronic Tax Administration Advisory Committee, 64428 2011-26805 International Trade Adm International Trade Administration NOTICES Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination:

High Pressure Steel Cylinders from People's Republic of China, 64301-64307 2011-26925 Antidumping Duty Administrative Reviews; Amended Final Results, Partial Recissions: Certain Frozen Warmwater Shrimp from Socialist Republic of Vietnam, 64307-64312 2011-26935 Antidumping Duty Orders; Expedited Sunset Reviews: Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan, 64312-64313 2011-26937 Final Affirmative Countervailing Duty Determination: Multilayered Wood Flooring from the People's Republic of China, 64313-64318 2011-26892 Final Determinations of Sales at Less than Fair Value:

Multilayered Wood Flooring from People's Republic of China, 64318-64325 2011-26932 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Justice Programs Office See National Institute of Justice NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alien Change of Address Forms, 64377-64378 2011-26873 Lodging of Proposed Consent Decrees Under CERCLA, 64378 2011-26831 Lodging of Proposed Consent Decrees Under the Clean Water Act, 64379 2011-26807 Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64382-64383 2011-26877 Labor Department Labor Department See Mine Safety and Health Administration See Wage and Hour Division Mine Mine Safety and Health Administration NOTICES Petitions for Modification of Application of Existing Mandatory Safety Standards, 64384-64386 2011-26852 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council; Information Technology Infrastructure Committee, 64386-64387 2011-26961 NASA Advisory Council;

Science Committee; Planetary Science Subcommittee, 64387 2011-27060 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64299-64300 2011-26948 National Institute Justice National Institute of Justice NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interoperability of Automated Fingerprint Identification Systems Regarding Latent Fingerprint Exchange Survey, 64383-64384 2011-26876 National Institute National Institute of Standards and Technology NOTICES Meetings:

Advisory Committee on Earthquake Hazards Reduction Meeting, 64325-64326 2011-26902 National Construction Safety Team Advisory Committee, 64326-64327 2011-26960 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 64356-64357 2011-26906 Hispanic Community Health Study/Study of Latinos, 64357-64358 2011-26949 Meetings:

Center for Scientific Review, 2011-26914 64359-64360 2011-26941 National Heart, Lung, and Blood Institute, 64360-64361 2011-26928 National Institute of Allergy And Infectious Diseases, 64358 2011-26908 National Institute of Diabetes and Digestive and Kidney Diseases, 64358-64359 2011-26907 National Institute of Neurological Disorders and Stroke, 64360 2011-26930 National Labor National Labor Relations Board NOTICES Appointments of Individuals To Serve as Members of Performance Review Boards, 64387 2011-26951 National Nuclear National Nuclear Security Administration NOTICES Amended Record of Decision:

Nuclear Facility Portion of Chemistry and Metallurgy Research Building Replacement Project, Los Alamos, NM, 64344-64348 2011-26881 National Oceanic National Oceanic and Atmospheric Administration RULES Gulf of Mexico Reef Fishery: Closure of Commercial Sector for Greater Amberjack, 64248-64249 2011-26923 NOTICES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Gulf of Mexico Reef Fish Fishery; South Atlantic Snapper-Grouper Fishery; Request for Designation, 64327 2011-26931 Office of Oceanic and Atmospheric Research Draft Strategic Plan, 64327-64328 2011-26878 National Science National Science Foundation NOTICES Meetings:

Advisory Committee for Polar Programs, 64388 2011-26850 Navy Navy Department NOTICES Meetings: Ocean Research and Resources Advisory Panel, 64329 2011-26915 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 64388-64399 2011-26893 Meetings: Advisory Committee on Reactor Safeguards, 64399-64400 2011-26946 Meetings; Sunshine Act, 64400-64401 2011-27034 Public Debt Public Debt Bureau NOTICES Senior Executive Service;

Combined Performance Review Board, 64428-64429 2011-26871 Senior Executive Service; Public Debt Performance Review Board, 64429 2011-26869 Securities Securities and Exchange Commission NOTICES Applications: Curian Series Trust and Curian Capital, LLC, 64401 C1--2011--24590 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 64402 C1--2011--24866 EDGA Exchange, Inc., 64404-64406 2011-26859 EDGX Exchange, Inc., 64409-64411 2011-26857 Financial Industry Regulatory Authority, Inc., 64419 C1--2011--24710 Fixed Income Clearing Corp., 64403-64404 2011-26888 International Securities Exchange, LLC, 64417-64419 2011-26853 NASDAQ OMX BX, Inc., 64413-64417 2011-26854 2011-26855 NASDAQ OMX PHLX LLC, 64401-64402 2011-26920 NASDAQ Stock Market LLC, 64403, 64411-64413 2011-26856 C1--2011--24868 NYSE Arca, Inc., 64406-64409 2011-26858 Small Business Small Business Administration NOTICES Disaster Declarations:

Maryland, 64421 2011-26835 New Jersey, 64420-64421 2011-26836 New York; Amendment 3, 64420 2011-26829 New York; Amendment 5, 64420 2011-26837 North Carolina; Amendment 6, 64419 2011-26830 Pennsylvania, 64419 2011-26834 Texas; Amendment 6, 64420 2011-26839 Senior Executive Service; Performance Review Board Members, 64421 2011-26833 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64421-64423 2011-26943 Culturally Significant Objects Imported for Exhibition Determinations:

Projects 96; Haris Epaminonda, 64423 2011-26938 Statistical Reporting Service See National Agricultural Statistics Service Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions; Discontinuance of Service Exemptions: Union Pacific Railroad Co., Iowa Interstate Railroad, Ltd.; Pottawattamie County, IA, 64425 2011-26899 Railroad-Shipper Transportation Advisory Council Vacancy, 64426 2011-26880 Trackage Rights Exemptions; Discontinuances: Illinois Central Railroad Co.;

Madison, Yazoo, Holmes, Carroll, Montgomery, Grenada, Yalobusha, Tallahatchie, Panola, Tate, and Desoto Counties, MS, 64427 2011-26903 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service See Public Debt Bureau Veteran Affairs Veterans Affairs Department NOTICES Meetings:

Advisory Committee on Disability Compensation, 64429 2011-26838 Advisory Committee on Prosthetics and Special-Disabilities Programs, 64429-64430 2011-26849 Performance Review Board Members, 64430 2011-26933 Wage Wage and Hour Division RULES Republication; CFR Correction, 64237 2011-26979 Separate Parts In This Issue Part II Interior Department, Bureau of Ocean Energy Management, 64432-64780 2011-22675 Interior Department, Bureau of Safety and Environmental Enforcement, 64432-64780 2011-22675 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 201 Tuesday, October 18, 2011 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 21 [Docket No. FAA-2010-0218; Amdt. No. 21-95] RIN 2120-AJ56 Function and Reliability Flight Testing for Turbine-Powered Airplanes Weighing 6,000 Pounds or Less AGENCY:

Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: The FAA is revising the applicability of the function and reliability flight testing requirements to include all part 23 turbine-powered airplanes weighing 6,000 pounds or less. Revising the applicability is necessary because advancements in aviation technology have invalidated the reasons for excluding these airplanes. This revision is intended to improve aviation safety for these airplanes. DATES: This rule becomes effective December 19, 2011.

FOR FURTHER INFORMATION CONTACT: Victor Powell, Aircraft Certification Service, Aircraft Engineering Division, Certification Procedures Branch, AIR-110, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; *telephone:*

(202)385-6326; *e-mail: victor.powell@faa.gov.* SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The Federal Aviation Administration's

(FAA)authority to issue rules on aviation safety is found in Title 49 of the United States Code. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes the scope of the FAA Administrator's authority. This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart III, chapter 447, section 44701. Under that section, Congress charges the FAA with promoting the safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the FAA Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it will prescribe new flight test requirements for certain turbine-powered airplanes. I. Background This rulemaking will only change the applicability portion of Title 14, Code of Federal Regulations (14 CFR), 21.35(b)(2) by removing the 6,000 pound weight exclusion for part 23 turbine-powered airplanes because of advancements in technology, as discussed in the notice of proposed rulemaking (NPRM). This rulemaking does not change existing function and reliability (F & R) flight testing requirements in § 21.35. The FAA issued “Proposed Notification Regarding Function and Reliability Testing for Turbofan-Powered Airplanes of 6,000 Pounds or Less Maximum Certificated Weight.” ( *See* 69 FR 5239, February 3, 2004.) In that notice, we announced our intention to require F & R flight testing by special conditions for future part 23 type certification

(TC)projects. Eclipse Aviation Corporation (Eclipse) was excluded from the proposal as an ongoing TC project. We issued special conditions requiring F & R flight testing for the Cirrus Design Corporation Model SF50 airplane. ( *See* 75 FR 50853, August 18, 2010.) This final rule will eliminate the need for issuing special conditions for F & R flight testing. A. Statement of the Problem Function and reliability flight testing is required by § 21.35(b)(2) for all airplanes weighing more than 6,000 pounds maximum certificated weight that are to be certificated under part 23. Function and reliability flight testing is not required for gliders, nor for part 23 airplanes weighing 6,000 pounds or less. Because of advancements in airplane structures, propulsion methods, and systems technologies, the 6,000-pound demarcation is no longer justified. Part 23 turbine-powered airplanes that weigh 6,000 pounds or less currently are not required to undergo F & R flight testing regardless of the airplane's systems complexity or level of automation. After reviewing several recent proposed type certification projects for small turbojet-powered airplanes—involving airplanes expected to weigh 6,000 pounds or less—the FAA has determined that most, if not all, of these airplane designs will benefit from the F & R flight testing requirement. This determination is based on new lightweight turbine-powered airplanes having design features and performance consistent with larger airplanes that are required to undergo F & R flight testing. B. Summary of the NPRM The technological advancements in new airplane designs and their high-performance potential prompted the FAA to publish in the **Federal Register** the NPRM entitled “Function and Reliability Flight Testing for Turbine-Powered Airplanes Weighing 6,000 Pounds or Less.” ( *See* 75 FR 18134, April 9, 2010.) In that NPRM, we proposed changes to the applicability of F & R flight testing procedures for part 23 airplanes. In general, we proposed to expand the applicability of F & R flight testing requirements to all part 23 turbine-powered airplanes that weigh 6,000 pounds or less to be certificated under part 23. However, the exception for gliders and reciprocating-engine powered airplanes weighing 6,000 pounds or less that are type certificated under part 23 will remain. The original decision to exclude certain airplanes weighing 6,000 pounds or less from F & R flight testing was based on the state of technology existing in 1950. At that time, airplanes weighing 6,000 pounds or less were expected to be used mainly as personal airplanes. Such civil airplanes developed between the years of 1945 and 1955 were typically single, reciprocating-engine powered airplanes weighing 3,000 pounds or less with engine output of less than 300 horsepower. Technological advancements now allow airplanes that weigh 6,000 pounds or less to be more complex and automated than some transport category airplanes of the 1960s and earlier. The NPRM contains more of the historical background and reasons for this final rule. You should refer to the NPRM for that information. C. Summary of the Comments We received nine substantive comments from five commenters. Commenters to the NPRM represented manufacturers of airplanes and airplane engines, and other individuals. We also received comments from an aviation consulting group. The commenters generally had concerns about changes to F & R flight testing criteria and supplied alternative recommendations as discussed more fully in the Discussion of the Final Rule below. The comment period for the NPRM closed on July 8, 2010. In general, the FAA received comments on the following areas of the proposal: • Using the experience of the aircraft manufacturer cited in the NPRM. • Basing the applicability of F & R flight testing on turbine-powered airplanes instead of other criteria, such as complexity. • The safety benefits versus the costs to perform F & R flight testing for part 23 turbine-powered airplanes weighing 6,000 pounds or less. II. Discussion of the Final Rule Again, this final rule will only change the applicability of § 21.35(b)(2) by removing the 6,000 pound weight exclusion for part 23 turbine-powered airplanes because of advancements in technology, as discussed in the notice of proposed rulemaking (NPRM). This final rule does not change existing F & R flight testing requirements. Aero-Cert stated that relying on the experience of the aircraft manufacturer cited in the NPRM is flawed. Aero-Cert was concerned the proposed rule was based on the Eclipse EA-500 certification experience and objected to it being referenced in the NPRM. The individual commenter suggested that proper oversight during the design approval process is the best way to address F & R flight testing. The individual commenter also stated that the problems encountered by an inexperienced applicant would not happen with an experienced design organization. The FAA acknowledges that proper oversight is a primary objective in the design approval process. However, we are only changing the applicability of § 21.35. Function and reliability flight testing is envisioned for the design of new model airplanes and their systems. The level of expertise of the applicant is not a factor in the requirement. The Eclipse certification experience showed that a manufacturer could type certificate a very light jet below the 6,000 pound threshold. The NPRM addressed the reality that advancements in technology since 1950 have led to the manufacture of high-performance, part 23 airplanes—those weighing 6,000 pounds or less—with complex systems. Therefore, the reliability of in-flight operations for those airplanes must be assessed before issuance of the type certificate. Aero-Cert and the individual commenter further stated that basing the F & R flight testing requirements on the type of powerplant is flawed. They believed the issues that should drive the need for F & R flight testing are related to performance and the kinds of operations in which the airplane will be used, not the type of powerplant. The FAA notes that F & R flight testing is required for all covered airplanes and should cover the normal operating environment in which an airplane will be used. Because of difficulty in choosing the type of testing based on the kinds of aircraft operation or the type of powerplant, the FAA chose to retain the existing provisions and has expanded the requirement to include the newer designs (such as very light jets and turbopropeller-driven airplanes) that are, by weight, presently excluded from F & R flight testing. Cessna and the individual commenter stated the rulemaking would impose a cost burden on manufacturers not justified by the benefits. In the words of Cessna, “* * * the proposed NPRM has the potential to *impose burden upon the manufacturer not commensurate with safety gained.* For example, if a simple, well-developed airplane were modified with a reliable, well-developed turbine engine, it is not likely that F & R [flight] testing would discover issues not encountered during properly conducted certification testing. In this case, the 150-hour F & R [flight] testing proposed by the NPRM would be an undue [cost] burden on the manufacturer or the STC [supplemental type certificate] holder.” Also, the individual commenter stated that these costs would reduce the competitiveness of American-made aircraft and give foreign aircraft manufacturers an unfair advantage. The FAA notes that the commenters did not include any analysis or data to show that costs imposed by the rule would impose costs not equal to safety gained. The FAA has determined that the expected costs of the rule are modest in comparison to the expected benefits. We estimate that benefits will be at least three to six times the expected costs, depending on the engines chosen. ( *See* § 21.35(f).) The rule addresses applicability only and does not change the minimum number of hours required by § 21.35(f) (that is, 150 or 300 hours, whichever is appropriate). Some simultaneous flight testing performed as part of the certification process may also be counted toward F & R flight testing if the conditions of § 21.35(a) are met at the time the testing is performed (for example, testing related to Type Inspection Authorization). Given the cost-beneficial nature of the rule for the case of a newly type-certificated airplane with an engine previously used on a type-certificated airplane, we believe the rule will remain substantially cost-beneficial. The FAA has also found no evidence that American-made aircraft would be at a disadvantage in comparison to foreign-made aircraft as a result of this rule. Due to global harmonization efforts, the European Aviation Safety Agency

(EASA)and other foreign airworthiness authorities have similar requirements for certification, including F & R flight testing requirements. Rolls Royce stated that the use of the word “turbine,” which was proposed in the NPRM, should be better defined. The commenter asked the FAA to revise the proposed rule, so that turbopropeller-driven (turboprop) aircraft would not be affected by the final rule, and submitted proposed language to that effect. However, we did not revise the rule (§ 21.35) to limit its applicability to only airplanes having turbofan-powered (turbofan) or turbojet-powered (turbojet) engines. This decision is consistent with other FAA plans for part 23 rule changes discussed in the part 23 “Certification of Turbojets” NPRM. ( *See* 74 FR 41522, August 17, 2009.) Those decisions point out that features affecting the complexity of airplane operating systems are not limited to powerplant features. In addition, Cessna stated that the evaluation of F & R flight testing (if needed) should be based on the scope of the project, such as the number of complex integrated systems, and that guidance should be developed accordingly. While the FAA agrees that the use of complexity criteria might be an appropriate method to evaluate F & R flight testing, the FAA notes that the scope of the project, or the number of complex systems, may not be the most efficient measure for requiring this testing. The FAA also notes that obtaining agreement on what constitutes a complex integrated system that could be placed within part 21 regulations would be a difficult and burdensome task. It would also delay adding already identified airplanes to the safety assessment of F & R flight testing. The FAA has also determined that defining complex systems may have implications beyond F & R flight testing, such as for pilot training requirements and flight operations. IV. Regulatory Notices and Analyses Paperwork Reduction Act The Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. We have determined that there is no information collection burden associated with this final rule. International Compatibility In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to comply with International Civil Aviation Organization

(ICAO)Standards and Recommended Practices to the maximum extent practicable. The FAA has reviewed the corresponding ICAO Standards and Recommended Practices and has identified no differences with these regulations. Final Regulatory Evaluation, Regulatory Flexibility Determination, International Trade Impact Assessment, and Unfunded Mandates Assessment Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 directs that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a federal mandate likely to result in the expenditure by state, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this final rule. We suggest readers seeking greater detail read the full regulatory evaluation, a copy of which we have placed in the docket for this rulemaking. In conducting these analyses, FAA has determined that this final rule:

(1)Has benefits that justify its costs,

(2)is not an economically “significant regulatory action” as defined in section 3(f) of Executive Order 12866,

(3)is not “significant” as defined in the DOT's Regulatory Policies and Procedures;

(4)will not have a significant economic impact on a substantial number of small entities;

(5)will not create unnecessary obstacles to the foreign commerce of the United States; and

(6)will not impose an unfunded mandate on state, local, or tribal governments, or on the private sector by exceeding the threshold identified above. These analyses are summarized below. Total Costs and Benefits of This Final Rule We expect that the typical certification project for an airplane subject to the final rule will be for a new airplane design with a turbine engine type previously used in a type-certificated aircraft requiring 165 hours 1 of F & R flight testing at a total cost of about $317,000. In the case of new airplane design and an engine type not previously used on a type-certificated airplane, we estimate that double the hours

(330)will be required, so the total cost will double to $634,000. We expect that this final rule will enhance safety and reduce costs by substantially reducing the number of safety incidents and Airworthiness Directives experienced post-certification. A partial estimate of the expected costs that will be avoided for a single new airplane design amounts to $1.8 million, with a present value of $1.6 million. These avoided costs are approximately six times the costs of our 165-hour “typical” estimate and approximately triple the higher 330-hour estimate. Consequently, the expected benefits of this final rule greatly exceed its modest expected costs. 1 See the separate cost section below for the reason we increased the number of hours from 150 (the minimum required by § 21.35(f)) to 165. Who is affected by this rule? Manufacturers of part 23 turbine-powered airplanes weighing 6,000 pounds or less are affected. Assumptions and Sources of Information • We use a two-year period of analysis, as we find this period sufficient to show the cost-beneficial nature of this final rule. We use the period from the beginning of 2007 to the end of 2008, as the data used in the analysis are from this period. The short period of analysis reflects the inherent nature of F & R flight testing, designed as it is to uncover design or system reliability flaws that otherwise would reveal themselves in the very early life of an airplane. • Discount rate is 7% (Office of Management and Budget, Circular A-94, “Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs,” October 29, 1992, p. 8). • Data on costs of compliance with this rule were obtained from a part 23 airplane manufacturer and FAA estimates. Costs of This Final Rule We estimate the costs of this final rule based on the F & R costs incurred by a part 23 airplane manufacturer for a turbojet-powered airplane (turbojet) with a maximum weight greater than 6,000 pounds. The turbine-powered Eclipse EA-500, with a maximum weight less than 6,000 pounds, was recently type certificated under a program in which it voluntarily undertook a reduced 200-hour F & R flight testing program, 100 hours pre-certification and 100 hours post-certification. 2 The F & R flight testing costs for the Eclipse EA-500 would be difficult, if not impossible, to obtain because Eclipse Aviation Corporation has been liquidated under Chapter 7 bankruptcy and a new firm, Eclipse Aerospace, has been formed to take over its assets. We believe our use of more readily obtainable data for a part 23 turbojet weighing somewhat more than 6,000 pounds is adequate. Moreover, as we will see below, the *ad hoc* nature of Eclipse's voluntary F & R flight testing program appears to have limited the appropriateness of the Eclipse F & R flight testing cost data, even if available. We may overestimate the cost of F & R flight testing by our use of costs for an airplane weighing more than airplanes affected by this final rule. 2 Pratt & Whitney Canada developed a new PW610F engine for the Eclipse EA-500. We estimate F & R flight testing cost per hour in order to more easily incorporate different estimates of total F & R flight testing hours. Test pilot and flight test engineer costs are FAA estimates. All other cost estimates were provided by a part 23 airplane manufacturer. For aircraft subject to F & R flight testing under 14 CFR 21.35(b)(2), 21.35(f) requires at least 300 hours of F & R flight testing “with a full complement of engines” for aircraft “incorporating turbine engines of a type not previously used in a type certificated aircraft,” and at least 150 hours for all other aircraft. As most proposed very light jet

(VLJ)type certification projects appear to be based on the type-certificated Williams FJ-33 engine or other previously type-certificated engines, we expect this minimum requirement to hold for the typical project subject to this final rule. Function and reliability flight testing for 150 hours was required for the airplane's data we use here, so one of our cost estimates assumes 150 hours of F & R flight testing. Sometimes, to fulfill the requirements of F & R flight testing, more than the minimum number of flight hours is necessary. For the purposes of this cost analysis, we used an average extension of 10%, or 15 hours, so our “typical” estimate assumes 165 hours of F & R flight testing. We double that estimate to also provide an estimate for a new airplane design with a new engine design. Benefits of This Final Rule We expect that adoption of this final rule will enhance safety and reduce costs by substantially reducing the number of service difficulties experienced post-certification. This expectation is supported by evidence from the service experience of the Eclipse EA-500. The Eclipse Special Certification Review 3 (Eclipse SCR) team looked at 85 Eclipse Service Difficulty Reports

(SDRs)submitted between July 29, 2007 and May 13, 2008 and “concluded the majority of the SDRs resulted from reliability issues separate from compliance with the minimum FAA standards.” ( *See* Eclipse SCR, Executive Summary.) There also were six Eclipse-related ADs issued in the one-year period between November 2007 and November 2008. Eclipse voluntarily conducted its own limited F & R flight testing. However, the FAA team did not view F & R flight testing as a requirement for Eclipse to receive its type certificate. ( *See* Eclipse SCR, p. 28.) This deficiency in Eclipse's volunteer F & R flight testing program provides direct empirical evidence for the benefits of F & R flight testing. 3 Special Certification Review: Eclipse Aviation Corporation Model EA-500 Airplane. Prepared for the Federal Aviation Administration Associate Administrator for Aviation Safety, September 12, 2008. The FAA estimates that the pitot/angle of attack

(AOA)issue (AD 2008-02-04; SCR, p. 25) is the one most likely to have been uncovered by a mandatory F & R flight testing program. Extending the AD estimate to the entire U.S.-registered Eclipse EA-500 fleet (264 airplanes), we estimate the total cost of the pitot/AOA problem to be $2.5 million. However, we assess the probability of F & R flight testing uncovering the pitot/AOA problem to be approximately 0.7 to 0.75. Using the lower figure, we accordingly calculate the expected benefit as the total cost avoided of $2.5 million times 0.7, or $1.8 million. (We received no comment on this same method of calculating rule benefits used in the NPRM.) Since the FAA issued a type certificate on September 30, 2006, approximately 1.5 years prior to the compliance date for the Eclipse pitot/AOA AD, we discount the expected benefit 1.5 years to find present value benefit of $1.6 million. Final Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (Pub. L. 96-354)

(RFA)establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” The RFA covers a wide-range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. The FAA has determined that this final rule will not have a significant impact on a substantial number of entities for the following reason: The cost of requiring F & R flight testing is a small one-time cost and a very small percentage of development, certification, and production costs. We received no comments on the same determination made in the NPRM. Therefore, as the FAA Administrator, I certify that this final rule will not have a significant economic impact on a substantial number of small entities. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this final rule and determined the purpose is to promote safety. This final rule is therefore not considered an unnecessary obstacle to foreign commerce of the United States. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (adjusted annually for inflation with the base year 1995) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $143.1 million. This final rule does not contain such a mandate. The requirements of Title II do not apply. Executive Order 13132, Federalism The FAA analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. We determined that this action will not have a substantial direct effect on the States, or the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, will not have federalism implications. Regulations Affecting Intrastate Aviation in Alaska Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat. 3213) requires the Administrator, when modifying regulations in Title 14 of the CFR in a manner affecting intrastate aviation in Alaska, to consider the extent to which Alaska is not served by transportation modes other than aviation, and to establish appropriate regulatory distinctions. The final rule would apply to the certification of all airplanes and are not specific to air transportation in Alaska. Environmental Analysis FAA Order 1050.1E identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this final rulemaking action qualifies for the categorical exclusion identified in paragraph 312(f) of the Order and involves no extraordinary circumstances. Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA has analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). We have determined that it is not a “significant regulatory action” under the executive order because it is not a “significant regulatory action” under Executive Order 12866, and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Availability of Rulemaking Documents You can get an electronic copy of rulemaking documents using the Internet by— 1. Searching the Federal eRulemaking Portal ( *http://www.regulations.gov* ); 2. Visiting the FAA's Regulations and Policies Web page at *http://www.faa.gov/regulations_policies/* or 3. Accessing the Government Printing Office's Web page at *http://www.gpoaccess.gov/fr/index.html* . You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by calling

(202)267-9680. Make sure to identify the notice, amendment, or docket number of this rulemaking. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or by signing the comment, if submitted on behalf of an association, business, labor union, *etc.* ). You may review DOT's complete Privacy Act statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://DocketsInfo.dot.gov* . Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. If you are a small entity and you have a question regarding this document, you may contact your local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. You can find out more about SBREFA on the Internet at *http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.* List of Subjects in 14 CFR Part 21 Aircraft, Aviation safety, Exports, Imports, Reporting and recordkeeping requirements. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends Chapter I of Title 14, Code of Federal Regulations, as follows: PART 21—CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS 1. The authority citation for part 21 continues to read as follows: Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303. 2. Amend § 21.35 by revising paragraph (b)(2) to read as follows: § 21.35 Flight tests.

(b)* * *

(2)For aircraft to be certificated under this subchapter, except gliders and except reciprocating engine powered airplanes of 6,000 lbs. or less maximum certificated weight that are to be certificated under part 23 of this chapter, to determine whether there is reasonable assurance that the aircraft, its components, and its equipment are reliable and function properly. Issued in Washington, DC, on August 19, 2011. J. Randolph Babbitt, Administrator. [FR Doc. 2011-26955 Filed 10-17-11; 8:45 am]

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