Unknown. Final rule; request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-02-01.xml --- 81 20 Monday, February 1, 2016 Contents Agency Agency for International Development NOTICES Senior Executive Services Performance Review Board; Updates, 5093 2016-01737 Agriculture Agriculture Department See Food and Nutrition Service See Forest Service NOTICES Refund of Duties Paid on Imports of Certain Wool Products, 5093-5094 2016-01749 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Current Population Survey Voting and Registration Supplement, 5097-5098 2016-01725 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5123-5129 2016-01720 2016-01721 2016-01722 2016-01723 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid Program: Covered Outpatient Drugs, 5170-5357 2016-01274 Coast Guard Coast Guard RULES Drawbridge Operations:

Inner Harbor Navigation Canal and Chef Menteur Pass, New Orleans, LA, 5041 2016-01730 Inner Harbor Navigation Canal, New Orleans, LA, 5039-5040 2016-01731 Lake Pontchartrain, Near New Orleans, LA, 5040-5041 2016-01729 Sloop Channel, Wantagh, NY, 5040 2016-01719 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5105-5107 2016-01753 2016-01758 2016-01760 Meetings; Sunshine Act, 5106 2016-01850 Defense Department Defense Department PROPOSED RULES TRICARE: Mental Health and Substance Use Disorder Treatment, 5061-5085 2016-01703 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Advance Payments, 5122-5123 2016-01762 Delaware Delaware River Basin Commission NOTICES Meetings: Public Hearing and Business Meeting, 5107-5108 2016-01734 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: eZ-Audit—Electronic Submission of Financial Statements and Compliance Audits, 5108-5109 2016-01724 Applications for New Awards: Predominantly Black Institutions Formula Grant Program, 5109-5113 2016-01746 Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Revision of the Employer Information Report and Comment Request, 5113-5121 2016-01544 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Agusta S.p.A. Helicopters, 5037-5039 2016-01739 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 5056-5060 2016-01736 Federal Communications Federal Communications Commission RULES Low Power Television Digital Rules, 5041-5054 2016-00060 PROPOSED RULES Low Power Television Digital Rules, 5086-5092 2016-00059 NOTICES Meetings; Sunshine Act, 5121-5122 2016-01820 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 5122 2016-01847 Fish Fish and Wildlife Service NOTICES Permit Renewal Applications:

Incidental Take Permit for Ohlone Tiger Beetle; Low-Effect Habitat Conservation Plan for the Santa Cruz Gardens Unit 12 Project Site; Soquel, Santa Cruz County, CA, 5130-5131 2016-01744 Food and Drug Food and Drug Administration NOTICES Meetings: Psychopharmacologic Drugs Advisory Committee, 5129 2016-01752 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: SNAP Performance Reporting System, Management Evaluation, 5094-5096 2016-01728 Agency Information Collection Activities;

Proposals, Submissions, and Approvals; Correction, 5096 2016-01519 Forest Forest Service NOTICES Meetings: Superior Resource Advisory Committee, 5096-5097 2016-01732 New Fee Site: Federal Lands Recreation Enhancement Act, 5097 2016-01733 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Advance Payments, 5122-5123 2016-01762 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5129-5130 2016-01750 Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Treatment of Certain Transfers of Property of Foreign Corporations; Hearing Correction, 5060-5061 2016-01807 International Trade Adm International Trade Administration NOTICES Determinations of Sales at Less than Fair Value:

Hydrofluorocarbon Blends and Components Thereof from the People's Republic of China, 5098-5101 2016-01767 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Magnesium from China; Five-Year Review, 5136-5138 2016-01726 Investigations; Determinations, Modifications, and Rulings, etc.: Porcelain-on-Steel Cooking Ware from China, 5133-5136 2016-01727 Justice Department Justice Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Office of Justice Programs Standard Assurances, 5138-5139 2016-01754 Land Land Management Bureau NOTICES Meetings: Central California Resource Advisory Council, 5131-5132 2016-01745 Nevada Resource Advisory Councils, 5132 2016-01743 Northern California Resource Advisory Council, 5131 2016-01738 Legal Legal Services Corporation NOTICES Funding Availability: Technology Initiative Grant Funding; Correction, 5139 2016-01765 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Advance Payments, 5122-5123 2016-01762 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Atka Mackerel in the Bering Sea and Aleutian Islands Management Area, 5054-5055 2016-01755 Pollock in Statistical Area 630 in the Gulf of Alaska, 5054 2016-01751 NOTICES Environmental Assessments; Availability, etc.: Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;

Snapper-Grouper Fishery off the South Atlantic States; Amendment 36, 5102 2016-01756 Environmental Impact Statements; Availability, etc.: Pacific Fishery Management Council, 5102-5105 2016-01759 Meetings: Pacific Fishery Management Council, 5101-5102 2016-01761 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Procedures Related to Motions, 5085-5086 2016-01735 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Committees; Establishment, Renewal, Termination, etc.:

Cancer Moonshot Task Force, White House; Establishment (Memorandum of January 28, 2016), 5359-5363 2016-01939 Reclamation Reclamation Bureau NOTICES Meetings: Glen Canyon Dam Adaptive Management Work Group, 5132-5133 2016-01742 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5148-5149, 5162-5164 2016-01711 2016-01716 2016-01717 Self-Regulatory Organizations; Proposed Rule Changes: New York Stock Exchange, LLC, 5143-5148, 5158-5162 2016-01712 2016-01713 NYSE Arca, Inc., 5149-5158 2016-01714 NYSE MKT, LLC, 5139-5143 2016-01715 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5164-5167 2016-01710 2016-01718 2016-01768 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 5170-5357 2016-01274 Part III Presidential Documents, 5359-5363 2016-01939 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 81 20 Monday, February 1, 2016 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No.

FAA-2016-2069; Directorate Identifier 2015-SW-070-AD; Amendment 39-18386; AD 2015-22-51] RIN 2120-AA64 Airworthiness Directives; Agusta S.p.A. Helicopters AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are publishing a new airworthiness directive

(AD)for Agusta S.p.A. (Agusta) Model A109A and A109AII helicopters, which was sent previously to all known U.S. owners and operators of these helicopters. This AD requires checking and inspecting each main rotor blade (blade) for a crack and replacing any cracked blade before further flight. This AD is prompted by abnormal vibrations leading to a precautionary landing and a post-flight inspection finding of a crack in a blade. These actions are intended to detect a crack in a blade and prevent failure of a blade and subsequent loss of control of the helicopter. DATES: This AD is effective February 16, 2016 to all persons except those persons to whom it was made immediately effective by Emergency AD 2015-22-51 issued on October 23, 2015, which contains the requirements of this AD. We must receive comments on this AD by March 17, 2016. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Docket:* Go to *http://www.regulations.gov.* Follow the online instructions for sending your comments electronically. • *Fax:* 202-493-2251. • *Mail:* Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. • *Hand Delivery:* Deliver to the “Mail” address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* by searching for and locating Docket No. FAA-2016-2069; or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency

(EASA)AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (telephone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. For service information identified in this final rule, contact Agusta Westland, Product Support Engineering, Via del Gregge, 100, 21015 Lonate Pozzolo

(VA)Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-664757; fax 39-0331-664680; or at *http://www.agustawestland.com/technical-bulletins.* You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone

(817)222-5110; email *matthew.fuller@faa.gov.* SUPPLEMENTARY INFORMATION: Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments. Discussion On October 23, 2015, we issued Emergency AD 2015-22-51 to correct an unsafe condition for Agusta Model A109A and A109AII helicopters with certain part-numbered blades installed. Emergency AD 2015-22-51 requires inspecting each blade for a crack before further flight and then once each day, checking each blade for a crack before each flight, and replacing any cracked blade. The manufacturer's maintenance program specifies inspecting each blade every 25 hours time-in-service (TIS). The actions in Emergency AD 2015-22-51 were prompted by abnormal vibrations leading to a precautionary landing and a post-flight inspection finding of a crack in a blade. The crack extended from the trailing edge to the rear face of the spar at the joint between the spar and the body of the blade. This condition, if not detected, could result in failure of a blade and subsequent loss of control of a helicopter. Emergency AD 2015-22-51 was prompted by AD No. 2015-0190-E, dated September 18, 2015, issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for Agusta Model A109A and A109A II helicopters. EASA advises that abnormal vibrations were reported during a flight on a Model A109A II helicopter. During a post-flight inspection, a crack was found on a part number (P/N) 109-0103-01-9 blade. EASA AD 2015-0190-E requires pre-flight inspections and repetitive inspections of each blade. EASA advises that due to similarity of design, the inspections also apply to P/N 109-0103-01-7 and P/N 109-0103-01-115 blades. EASA advises that a cracked blade, if not detected and corrected, could affect the structural integrity of the blade, possibly resulting in blade failure and loss of control of the helicopter. FAA's Determination These helicopters have been approved by the aviation authority of Italy and are approved for operation in the United States. Pursuant to our bilateral agreement with Italy, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs. Related Service Information We reviewed AgustaWestland Mandatory Alert Bollettino Tecnico No. 109-150, dated September 17, 2015 (ABT). The ABT specifies for blades with more than 500 flight hours, before the next flight and then before each flight, visually inspecting each affected blade for a crack in the area between the station at the end of the doublers and the station at the beginning of the abrasion strip (both top and bottom surfaces for a crack. The ABT also specifies inspecting the blades for a crack at every airworthiness check and, in case of doubt about a crack, dye penetrant inspecting each blade. If a crack is found, the ABT specifies replacing the blade with a serviceable one. AD Requirements This AD requires for each blade P/N 109-0103-01-7, P/N 109-0103-01-9, or P/N 109-0103-01-115 that has 500 or more hours TIS: • Before further flight and thereafter at intervals not exceeding 24 clock-hours, using a 3X or higher power magnifying glass, visually inspecting the top and bottom surface of each blade for a crack in the area between the station at the end of the doublers and the station at the beginning of the abrasion strip. If there is a crack, before further flight, replacing the blade with an airworthy blade. • Before each flight, checking the top and bottom surface of each blade for a crack in the area between the station at the end of the doublers and the station at the beginning of the abrasion strip. This check 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)(1) through (a)(4) and 14 CFR 91.417(a)(2)(v). The record must be maintained as required by 14 CFR 91.417, 121.380, or 135.439. This check is an exception to our standard maintenance regulations. If there is a crack, the blade must be inspected using a 3X or higher power magnifying glass. Differences Between This AD and the EASA AD This AD does not require a change to the Rotorcraft Flight Manual nor does it require a dye-penetrant inspection, whereas the EASA AD does. This AD requires the blade inspection before further flight, whereas the EASA AD allows an initial check prior to the inspection. Interim Action We consider this AD interim action. If final action is later identified, we might consider further rulemaking then. Costs of Compliance We estimate that this AD affects 33 helicopters of U.S. registry. We estimate that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per work-hour. We estimate 1 work-hour to inspect a blade at a cost of $85 per helicopter and $2,805 for the fleet. We estimate 4 work-hours to replace a blade at a cost of $340 per helicopter, and the required parts will cost $30,000 for a total of $30,340 per helicopter. FAA's Justification and Determination of the Effective Date Providing an opportunity for public comments prior to adopting these AD requirements would delay implementing the safety actions needed to correct this known unsafe condition. Therefore, we found and continue to find that the risk to the flying public justifies waiving notice and comment prior to the adoption of this rule because the previously described unsafe condition can adversely affect the controllability of the helicopter and the required actions must be accomplished before each flight and daily. Since it was found that immediate corrective action was required, notice and opportunity for prior public comment before issuing this AD were impracticable and contrary to public interest and good cause existed to make the AD effective immediately by issuing Emergency AD 2015-22-51 on October 23, 2015, to all known U.S. owners and operators of these helicopters. These conditions still exist and the AD is hereby published in the **Federal Register** as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons. 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. Regulatory Findings We 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 this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866,

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

(3)Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

(4)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): **2015-22-51 Agusta S.p.A.:** Amendment 39-18386; Docket No. FAA-2016-2069 Directorate Identifier 2015-SW-070-AD.

(a)Applicability This AD applies to Model A109A and A109AII helicopters with a main rotor blade (blade) part number (P/N) 109-0103-01-7, P/N 109-0103-01-9, or P/N 109-0103-01-115 that has 500 or more hours time-in-service installed, certificated in any category.

(b)Unsafe Condition This AD defines the unsafe condition as a crack in a blade. This condition, if not detected, could result in failure of a blade and subsequent loss of control of the helicopter.

(c)Effective Date This AD becomes effective February 16, 2016 to all persons except those persons to whom it was made immediately effective by Emergency AD 2015-22-51, issued on October 23, 2015, which contains the requirements of this AD.

(d)Compliance You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

(e)Required Actions

(1)Before further flight, and thereafter at intervals not to exceed 24 clock-hours, using a 3X or higher power magnifying glass, visually inspect the top and bottom surface of each blade for a crack in the area between the station at the end of the doublers and the station at the beginning of the abrasion strip. If there is a crack, before further flight, replace the blade with an airworthy blade.

(2)Before each flight, check the top and bottom surface of each blade for a crack in the area between the station at the end of the doublers and the station at the beginning of the abrasion strip. If there is a crack, inspect the blade in accordance with paragraph (e)(1) of this AD. The check required by this paragraph 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)(1) through (a)(4) and 14 CFR 91.417(a)(2)(v). The record must be maintained as required by 14 CFR 91.417, 121.380, or 135.439.

(f)Special Flight Permits A special flight permit may be permitted for the inspection in paragraph (e)(1) of this AD provided there is no crack in a blade.

(g)Alternative Methods of Compliance (AMOCs)

(1)The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Fuller, Senior Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone

(817)222-5110; email: *9-ASW-FTW-AMOC-Requests@faa.gov.*

(2)For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC.

(h)Additional Information

(1)AgustaWestland Mandatory Alert Bollettino Tecnico No. 109-150, dated September 17, 2015, which is not incorporated by reference, contains additional information about the subject of this final rule. For service information identified in this final rule, contact AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 Lonate Pozzolo

(VA)Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-664757; fax 39-0331-664680; or at *http://www.agustawestland.com/technical-bulletins.* You may review a copy of the service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

(2)The subject of this AD is addressed in European Aviation Safety Agency

(EASA)AD No. 2015-0190-E, dated September 18, 2015. You may view the EASA AD on the Internet at *http://www.regulations.gov* by searching for and locating it in Docket No. FAA-2016-2069.

(i)Subject Joint Aircraft Service Component

(JASC)Tracking Code: 6210 Main Rotor Blade. Issued in Fort Worth, Texas, on January 21, 2016. Lance T. Gant, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2016-01739 Filed 1-29-16; 8:45 am]

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