Unknown. Final rule; delay of effective date and request for comments

5,675 words·~26 min read·/register/2014/04/21/2014-09034

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-2014-04-21.xml --- 79 76 Monday, April 21, 2014 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Food Safety and Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See National Agricultural Statistics Service See National Institute of Food and Agriculture See Natural Resources Conservation Service See Rural Business-Cooperative Service Air Force Air Force Department NOTICES Meetings:

U.S. Air Force Academy Board of Visitors, 22105-22106 2014-08978 Animal Animal and Plant Health Inspection Service PROPOSED RULES Single Label Claim for Veterinary Biological Products: Viruses, Serums, Toxins, and Analogous Products, 22048-22051 2014-08995 Army Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2014-2016 Company Organization Survey, 22097-22098 2014-09023 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22142-22143 2014-08959 2014-09016 Coast Guard Coast Guard RULES Safety Zones: Blue Water Resort and Casino West Coast Nationals, Parker, AZ, 22023-22025 2014-08933 Lucas Oil Drag Boat Racing Series, Thompson Bay, Lake Havasu City, AZ, 22020-22023 2014-08928 PROPOSED RULES Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations, 22071-22072 2014-08934 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22153-22154 2014-08920 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Privacy Act; Systems of Records, 22097 2014-08993 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 22103-22105 2014-09005 2014-09006 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement:

Clauses with Alternates—Contract Financing, 22042-22043 2014-08856 Clauses with Alternates—Transportation, 22036-22041 2014-08855 Contracting Officers Representative, 22036 2014-08858 Photovoltaic Devices, 22041-22042 2014-08859 Defense Department Defense Department See Air Force Department See Defense Acquisition Regulations System See Engineers Corps NOTICES Privacy Act; Systems of Records; Correction, 22105 2014-08989 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Student Activities Report, 22106-22107 2014-08982 Race to the Top—District Annual Performance Report, 22107 2014-08960 Annual Updates to the Income Contingent Repayment Plan Formula for 2014: William D. Ford Federal Direct Loan Program, 22107-22113 2014-08966 Applications for New Awards: Personnel Development to Improve Services and Results for Children with Disabilities, etc., 22114-22122 2014-08965 Promoting the Readiness of Minors in Supplemental Security Income Technical Assistance Center, 22122-22129 2014-08964 Meetings:

President's Advisory Commission on Asian Americans and Pacific Islanders, 22129-22130 2014-09024 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Test Procedure for Commercial Refrigeration Equipment, 22278-22318 2014-08640 Test Procedures for Refrigerators, Refrigerators-Freezers, and Freezers, 22320-22356 2014-08644 Engineers Engineers Corps PROPOSED RULES Clean Water Act; Definitions: Waters of the United States, 22188-22274 2014-07142 NOTICES Clean Water Act:

Certain Agricultural Conservation Practices Exemption from Permitting, 22276 2014-07131 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Northern Mariana Islands; Prevention of Significant Deterioration; Special Exemptions from Requirements of the Clean Air Act, 22032-22036 2014-08611 Delegation of Authority Provision in the Prevention of Significant Deterioration Program, 22028-22032 2014-08919 PROPOSED RULES Clean Water Act;

Definitions: Waters of the United States, 22188-22274 2014-07142 Ocean Dumping: Final Site Designations; Proposed Cancellation and Modification, 22073-22076 2014-09008 NOTICES Clean Water Act: Certain Agricultural Conservation Practices Exemption from Permitting, 22276 2014-07131 Proposed Withdrawal of One Total Maximum Daily Load under the Clean Water Act, 22132 2014-09009 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Volunteers Program, 22080 2014-09000 Federal Aviation Federal Aviation Administration RULES Helicopter Air Ambulance; Commercial Helicopter; Helicopter Operations, 22009-22012 2014-09034 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 22069-22071 2014-08986 NOTICES Environmental Assessments; Availability, etc.: Proposed Part 139 Operating Certificate, Related Actions; Paulding Northwest Atlanta Airport, 22177-22178 2014-09027 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Regulations Transferred from Office of Thrift Savings and Rules of Practice and Procedure, 22056-22063 2014-08260 Securities of State Savings Associations and Securities of Nonmember Insured Banks, 22063-22069 2014-08261 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 22132 2014-09103 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 22130-22131 2014-08929 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22178-22181 2014-08949 Federal Register Office Federal Register Office NOTICES Agreements between American Institute in Taiwan and Taipei Economic and Cultural Representative Office in the United States, 22161-22166 2014-08984 Federal Register Administrative Federal Register, Administrative Committee See Federal Register Office Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 22132 2014-08992 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 22132-22133 2014-08990 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 22133 2014-08991 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 22133 2014-09056 Federal Trade Federal Trade Commission NOTICES Consent Agreements: Akorn Enterprises, Inc., and Hi-Tech Pharmacal Co., Inc., 22133-22136 2014-08950 Ardagh Group S.A., Saint-Gobain Containers, Inc., and Compagnie de Saint-Gobain, 22136-22142 2014-08951 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Lepidium papilliferum (Slickspot Peppergrass); Threatened Status, 22076-22077 2014-09019 Lepidium papilliferum; Critical Habitat Designation; Correction, 22077-22079 2014-09018 NOTICES Stock Assessment Reports: Pacific Walrus and Northern Sea Otters, 22154-22159 2014-08942 Food and Drug Food and Drug Administration RULES Medical Devices: Ophthalmic Devices; Classification of the Eyelid Weight, 22012-22016 2014-08940 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Risk and Benefit Perception Scale Development, 22143-22146 2014-08957 Meetings: Gastroenterology and Urology Devices Panel of the Medical Devices Advisory Committee, 22147-22148 2014-08970 Next-Generation Sequencing Technology, Data Formats Standardization and Promotion of Interoperability Protocols, 22147 2014-08969 Oncologic Drugs Advisory Committee, 22146 2014-08958 Selections Process for Non-Voting Industry Representatives, 22148 2014-08968 Food Safety Food Safety and Inspection Service PROPOSED RULES Accredited Laboratory Fees, 22052-22054 2014-08962 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Meat Slaughter Industry Survey, 22080-22082 2014-08961 Best Practices Guidances: Controlling Listeria monocytogenes in Retail Delicatessens, 22082-22083 2014-08955 Compliance Guidelines for Allergens and Ingredients of Public Health Concern: Identification, Prevention and Control, and Declaration through Labeling, 22083-22084 2014-08956 Hazard Analysis and Critical Control Point Plan Reassessment: Not-Ready-To-Eat Comminuted Poultry Products;

Related Agency Verification Procedures, 22084-22090 2014-08952 Forest Forest Service NOTICES Meetings: Wrangell-Petersburg Resource Advisory Committee, 22090-22091 2014-08994 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Designations: Owensboro, KY; Bloomington, IL; Iowa Falls, IA; Casa Grande, AZ; Fargo and Grand Forks, ND; Plainview, TX, 22091 2014-08996 Opportunities for Designations: Bloomington and Decatur, IL, 22092 2014-08999 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22151-22152 2014-09012 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulation on Agency Protests, 22152-22153 2014-09011 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping Duty New Shipper Reviews; Results, Extensions, Amendments, etc.: Fresh Garlic from the People's Republic of China, Shijiazhuang Goodman Trading Co., Ltd., 22098-22099 2014-09015 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Alien Employment Certification, 22159-22160 2014-08997 Land Land Management Bureau NOTICES Meetings: Farmington District Resource Advisory Council, New Mexico, 22159 2014-08981 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel AIR BENDER, 22182-22183 2014-09035 Vessel CARIBBEAN SPIRIT, 22182 2014-09048 Vessel ESCAPE TO, 22181-22182 2014-09045 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22160-22161 2014-08921 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22092-22094 2014-09007 National Archives National Archives and Records Administration See Federal Register Office National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 22166 2014-09111 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22183 2014-09030 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reports, Forms, and Recordkeeping Requirements, 22183-22185 2014-09028 National Institute Food National Institute of Food and Agriculture NOTICES Request for Applications: Veterinary Medicine Loan Repayment Program, 22094-22095 2014-08938 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 22149-22150 2014-08941 2014-08943 Fogarty International Center, 22148-22149 2014-08946 National Heart, Lung, and Blood Institute, 22149 2014-08944 National Institute of Nursing Research, 22149-22150 2014-08945 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Northeast Multispecies Sector Vessels Access to Year-Round Closed Areas, 22043-22047 2014-09031 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Marine Recreational Information Program, Hawaii Mail-in Survey for Shore Fishing Effort, 22099-22100 2014-09020 Meetings: Advisory Committee to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas, 22102-22103 2014-09029 National Climate Assessment and Development Advisory Committee, 22101-22102 2014-09118 Pacific Fishery Management Council, 22100-22101 2014-09002 2014-09003 Western Pacific Fishery Management Council, 22100-22101 2014-08954 National Science National Science Foundation NOTICES Requests for Nominations:

Directorate and Office Advisory Committees, 22166-22167 2014-08976 National Resources Natural Resources Conservation Service NOTICES National Handbook of Conservation Practices; Proposed Changes, 22095-22096 2014-08936 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Spent Fuel Storage and Disposal: Safety and Environmental Regulations; Revision and Integration, 22055-22056 2014-09026 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22167-22168 2014-09017 Meetings:

Advisory Committee on Reactor Safeguards Subcommittee on Plant License Renewal, 22168 2014-09014 Meetings; Sunshine Act, 22168-22169 2014-09116 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Vertical Tandem Lifts, 22018-22020 2014-08725 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 22169-22170 2014-08953 2014-09004 Postal Service Postal Service RULES Rules of Practice in Proceedings under the Debt Collection Act, 22025-22028 2014-08963 Rural Business Rural Business-Cooperative Service NOTICES Meetings: 2014 Farm Bill Implementation Listening Session—Value-Added Producer Grant Program, 22096-22097 2014-09059 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: C2 Options Exchange, Inc., 22170-22172 2014-08974 International Securities Exchange, LLC, 22172 2014-08971 National Securities Clearing Corp., 22174-22177 2014-08972 NYSE Arca, Inc., 22172-22174 2014-08973 State Department State Department RULES Public Diplomacy Program Material within the United States; Availability, 22016-22018 2014-09022 NOTICES Meetings: U.S. Advisory Commission on Public Diplomacy, 22177 2014-09013 Statistical Reporting Service See National Agricultural Statistics Service Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22150-22151 2014-08977 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration Veteran Affairs Veterans Affairs Department NOTICES Meetings: Research Advisory Committee on Gulf War Veterans' Illnesses, 22185 2014-09021 Separate Parts In This Issue Part II Defense Department, Engineers Corps, 22188-22274 2014-07142 Environmental Protection Agency, 22188-22274 2014-07142 Part III Defense Department, Engineers Corps, 22276 2014-07131 Environmental Protection Agency, 22276 2014-07131 Part IV Energy Department, 22278-22318 2014-08640 Part V Energy Department, 22320-22356 2014-08644 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. 79 76 Monday, April 21, 2014 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 91, 120, and 135 [Docket No.: FAA-2010-0982; Amdt. Nos. 91-330, 120-2; 135-129] RIN 2120-AK47 Extension of Effective Date for the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations Final Rule AGENCY:

Federal Aviation Administration (FAA), DOT. ACTION: Final rule; delay of effective date and request for comments. SUMMARY: The FAA is delaying the effective date of the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule published on February 21, 2014. In that rule, the FAA amended its regulations to revise the helicopter air ambulance, commercial helicopter, and general aviation helicopter operating requirements. The April 22, 2014 effective date does not provide an adequate amount of time for the affected certificate holders to implement the new requirements.

By extending the effective date to April 22, 2015, the affected certificate holders will have sufficient time to implement the new requirements. This action will only affect the effective date of the provisions of the rule scheduled to take effect April 22, 2014. Other provisions in the rule with specified compliance dates will not be affected. DATES: The effective date of the rule amending 14 CFR Parts 91, 120, and 135 published February 21, 2014 (79 FR 9932), is delayed until April 22, 2015.

The amendment to § 135.293 in this document is effective April 22, 2015. Submit comments on or before May 21, 2014. ADDRESSES: Send comments identified by docket number FAA-2010-0982 using any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* and follow the online instructions for sending your comments electronically. • *Mail:* Send comments to Docket Operations, M-30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001. • *Hand Delivery or Courier:* Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:* Fax comments to Docket Operations at 202-493-2251. *Privacy:* In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process.

DOT posts these comments, without edit, including any personal information the commenter provides, to *www.regulations.gov,* as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at *www.dot.gov/privacy.* *Docket:* Background documents or comments received may be read at *http://www.regulations.gov* at any time. Follow the online instructions for accessing the docket or Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact Andy Pierce, Air Transportation Division, AFS-200, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone

(202)267-8238; email *andy.pierce@faa.gov* . For legal questions concerning this action, contact Dean E. Griffith, Office of Chief Counsel, AGC-220, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone

(202)267-3073; email *dean.griffith@faa.gov* . SUPPLEMENTARY INFORMATION: Good Cause for Dispensing With Notice and Comment and for Immediate Adoption Section 553(b)(3)(B) of Title 5, United States Code, (the Administrative Procedure Act) authorizes agencies to dispense with notice and comment procedures for rules when the agency for “good cause” finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. The FAA finds that prior notice and public comment to this final rule are contrary to the public interest. This final rule extends the effective date for the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule from April 22, 2014 to April 22, 2015. By extending the effective date, affected entities will have sufficient time to implement the new requirements. Without the extension of the effective date, regulated entities would not have sufficient time to prepare to meet the new requirements that were scheduled to take effect April 22, 2014. If these entities are not prepared to meet the new requirements then, beginning April 23, 2014, they would not be able to continue conducting part 135 operations and would not be able to meet the new part 91 requirements. Therefore, the FAA has determined that prior notice and public comment are contrary to the public interest. The Administrative Procedure Act also allows agencies to dispense with the 30-day delayed effective date requirement for “good cause found and published with the rule.” 5 U.S.C. 553(d)(3). The FAA has determined that good cause exists to make this rule immediately effective upon publication. As discussed above the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule takes effect April 22, 2014. If the delay of the effective date is not made immediately effective there would be a period of time under which certificate holders would be in jeopardy of not being able to continue part 135 operations because of inability to satisfy the new requirements and part 91 operators would not be able to meet new requirements applicable to them. The delayed effective date must take effect before April 22, 2014 to ensure certificate holders can continue to operate. Comments Invited The FAA is adopting this final rule without prior notice and public comment because delaying the amendment could result in a negative impact to certificate holders conducting part 135 rotorcraft operations, part 91 rotorcraft operators, and the public that relies on those certificate holders. The Regulatory Policies and Procedures of the Department of Transportation

(DOT)(44 FR 11034; Feb. 26, 1979), provide that to the maximum extent possible, operating administrations for the DOT should provide an opportunity for public comment on regulations issued without prior notice. All comments will be considered by the Administrator and this amendment may be changed in light of the comments received. We note that, although the FAA will consider comments, this rule will be effective upon publication of this document in the **Federal Register** . Authority for This Rulemaking The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106(f) describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart III, Section 44701. Under that section, the FAA is charged with prescribing regulations and minimum standards 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 safety of rotorcraft operations. I. Overview of Final Rule With Request for Comments This final rule with request for comments extends the effective date for the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule published on February 21, 2014 (79 FR 9932). In that rule, the FAA established several operational rules for part 91 rotorcraft operators and part 135 rotorcraft operators which are scheduled to take effect April 22, 2014. This final rule extends the effective date to April 22, 2015 to provide a sufficient amount of time for the affected operators and certificate holders to implement the new requirements. This action does not affect the provisions of the rule with a specific compliance date that are discussed later in this document. II. Background A. Statement of the Problem There are approximately 5,465 rotorcraft pilots and 496 certificate holders conducting part 135 rotorcraft operations that are affected by the new requirements established in the February 21 rule. Moreover, all part 91 operations in class G airspace under visual flight rules will be affected by this rule. Multiple steps are required by the FAA and the regulated community for operators to implement the new requirements. However, it is not feasible for the FAA or rotorcraft operators to complete all the necessary steps by April 22, 2014. Consequently, operators will not be able to meet the operational requirements and thus will not be able to conduct part 135 operations or follow the new part 91 requirements beginning April 23, 2014. Therefore, the FAA is extending the rule's effective date to April 22, 2015 to provide a sufficient amount of time for the affected entities to complete all the necessary steps to implement the new requirements. III. Discussion of Final Rule With Request for Comments As stated above, the current effective date of the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule is April 22, 2014. Since the publication of the rule, it has become evident that this effective date does not allow certificate holders sufficient time to complete all the necessary steps to implement the new rule. As one example, pilots are currently required to complete written or oral knowledge testing and a flight competency check every 12 calendar months. New § 135.293(a)(9) requires rotorcraft pilots to complete knowledge testing on “procedures for aircraft handling in flat-light, whiteout, and brownout conditions, including methods for recognizing and avoiding those conditions” during their next written or oral test after April 22, 2014. New § 135.293(c) requires rotorcraft pilots to complete “a demonstration of the pilot's ability to maneuver the rotorcraft solely by reference to instruments” during their next competency check after April 22, 2014. In order to implement these new requirements, certificate holders must complete several steps, such as developing the procedures for testing aircraft handling in flat-light, whiteout, and brownout conditions, revising the approved training program to address the new requirements, and training instructors and check pilots prior to beginning the training, testing, and checking of rotorcraft pilots. The April 22, 2014 compliance date does not provide adequate time for certificate holders to complete these necessary steps and therefore the compliance date will be delayed to April 22, 2015. We note that this is the only provision requiring a specific change of rule text. In addition, we are revising the rule text to clarify the compliance date for this section. In addition, the FAA has determined that the April 22, 2014 effective date does not provide sufficient time for the FAA or the regulated community to implement the other operational rules which are currently scheduled to take effect on that date. However, the FAA has determined that provisions with delayed compliance dates in the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule do not need to be extended under this action. This is because the FAA will have sufficient time to prepare guidance for regulated entities in advance of the compliance dates for these provisions. The FAA is not extending the compliance dates of the following provisions: • 135.160, Radio altimeters for rotorcraft operations—compliance date April 24, 2017. • 135.168, Emergency equipment: Overwater rotorcraft operations (406 MHz emergency locator transmitter)—compliance date April 24, 2017. • 135.603, Pilot-in-command instrument qualifications—compliance date April 24, 2017. • 135.605, Helicopter terrain awareness and warning system (HTAWS)—compliance date April 24, 2017. • 135.607, Flight Data Monitoring System—compliance date April 23, 2018. • 135.619, Operations control centers—compliance date April 22, 2016. IV. Regulatory Notices and Analyses A. Regulatory Evaluation Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 and Executive Order 13563 direct 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, the 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. Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it to be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this final rule. The reasoning for this determination follows. The FAA is extending the effective date for the rules published in the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule on February 21, 2014 that are scheduled to take effect on April 22, 2014. The effective date of April 22, 2014 does not provide an adequate amount of time for the affected certificate holders to implement the new requirements. By extending the effective date to April 22, 2015, the affected certificate holders will have sufficient time to implement the new requirements. The expected outcome will be cost relieving for certificate holders operating rotorcraft under part 135 and part 91 operators, and therefore a regulatory evaluation was not prepared. The FAA requests comments with supporting justification about the FAA determination of minimal impact. The FAA has, therefore, determined that this final rule is not a “significant regulatory action” as defined in section 3(f) of Executive Order 12866, and is not “significant” as defined in DOT's Regulatory Policies and Procedures. B. 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. This final rule does not impose any additional costs on affected entities. Therefore, as provided in section 605(b), the FAA certifies that this rulemaking will not result in a significant economic impact on a substantial number of small entities. C. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. 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 that it will have only a domestic impact and therefore no effect on international trade. D. 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 (in 1995 dollars) 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 $151 million in lieu of $100 million. This final rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply. E. Paperwork Reduction Act The Paperwork Reduction Act 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. The FAA has determined that there is no new requirement for information collection associated with this immediately adopted final rule. F. International Compatibility and Cooperation In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to 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 proposed regulations. Executive Order 13609, Promoting International Regulatory Cooperation, promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policies and agency responsibilities of Executive Order 13609, and has determined that this action would have no effect on international regulatory cooperation. G. 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 rulemaking action qualifies for the categorical exclusion identified in paragraph 312f and involves no extraordinary circumstances. H. Regulations Affecting Intrastate Aviation in Alaska Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat. 3213) requires the FAA, when modifying its regulations 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. As discussed in the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule which instituted the requirements being delayed by this action, the FAA finds that there is no need to make any regulatory distinctions in the provisions of this rule. *See* 79 FR 9932, 9971-72. V. Executive Order Determinations A. Executive Order 13132, Federalism The FAA has analyzed this immediately adopted final rule under the principles and criteria of Executive Order 13132, Federalism. The agency determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, does not have Federalism implications. B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this final rule with request for comments under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it is not a “significant energy action” under the executive order and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. VI. How To Obtain Additional Information A. Rulemaking Documents An electronic copy of a rulemaking document my be obtained by using the Internet— 1. Search the Federal eRulemaking Portal ( *http://www.regulations.gov* ); 2. Visit the FAA's Regulations and Policies Web page at *http://www.faa.gov/regulations_policies/* or 3. Access the Government Printing Office's Web page at: *http://www.gpo.gov/fdsys/.* Copies may also be obtained by sending a request (identified by notice, amendment, or docket number of this rulemaking) to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling

(202)267-9680. B. Comments Submitted to the Docket Comments received may be viewed by going to *http://www.regulations.gov* and following the online instructions to search the docket number for this action. Anyone is able to search the electronic form of all comments received into any of the FAA's dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). C. 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. A small entity with questions regarding this document, may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the Internet, visit *http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.* List of Subjects in 14 CFR Parts 91, 120, and 135 Air taxis, Aircraft, Airmen, Aviation safety, 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 135—OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT 1. The authority citation for part 135 continues to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105, Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730). 2. Amend § 135.293 by removing the phrase “After the next scheduled competency check after April 22, 2014” from the beginning of paragraph (a)(9) and adding paragraph

(h)to read as follows: § 135.293 Initial and recurrent pilot testing requirements.

(h)Rotorcraft pilots must be tested on the subjects in paragraph (a)(9) of this section when taking a written or oral knowledge test after April 22, 2015. Rotorcraft pilots must be checked on the maneuvers and procedures in paragraph

(c)of this section when taking a competency check after April 22, 2015. Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703 in Washington, DC, on April 15, 2014. Michael G. Whitaker, Deputy Administrator, Federal Aviation Administration. [FR Doc. 2014-09034 Filed 4-17-14; 11:15 am]

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