Unknown. Final rule

4,516 words·~21 min read·/register/2016/05/02/2016-09239·

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-2016-05-02.xml --- 81 84 Monday, May 2, 2016 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26198-26199 2016-10210 Agriculture Agriculture Department See Agricultural Marketing Service Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26231-26234 2016-10113 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 26234-26236 2016-10231 2016-10232 Coast Guard Coast Guard RULES Drawbridge Operations: Long Creek and Sloop Channel, Hempstead, NY, 26129-26130 2016-10204 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

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Maryland; State Board Requirements, 26133-26135 2016-09438 Pesticide Tolerances: Abamectin, 26147-26156 2016-10230 Carfentrazone-ethyl, 26135-26141 2016-10235 Tolerance Exemptions: Propanamide, 2-hydroxy-N, N-dimethyl-, 26141-26146 2016-10227 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; New Source Review PM2.5, 26185-26188 2016-10219 Maryland; Reasonable Further Progress Plan, Contingency Measures, Motor Vehicle Emissions Budgets for the Baltimore 1997 8-Hour Ozone Serious Nonattainment Area, 26188-26196 2016-10222 Maryland;

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Airplanes, 26102-26103, 26121-26124 2016-08959 2016-09791 Dassault Aviation Airplanes, 26099-26102 2016-09800 DG Flugzeugbau GmbH Gliders, 26124-26127 2016-08961 Mitsubishi Heavy Industries, Ltd. Airplanes, 26097-26099 2016-09239 Piper Aircraft, Inc. Airplanes, 26106-26109 2016-09238 The Boeing Company Airplanes, 26109-26112 2016-09650 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 26176-26178 2016-10116 Proposed Amendment of Class D Airspace and Revocation of Class E Airspace:

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Amendments, 26241 2016-10133 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Northeast Groundfish Fishery; Fishing Year 2016; Recreational Management Measures, 26452-26459 2016-10053 Northeast Groundfish Fishery; Framework Adjustment 55, 26412-26452 2016-10051 Fisheries Off West Coast States; West Coast Salmon Fisheries: 2016 Management Measures and a Temporary Rule, 26157-26172 2016-10250 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 26210-26211 2016-10237 Pacific Fishery Management Council, 26211 2016-10240 Requests for Nominations:

National Marine Sanctuary Advisory Councils, 26211-26212 2016-10197 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Brown v. Board of Education National Historic Site Education Program Forms, 26247-26249 2016-10198 Inventory Completions: Office of the State Archaeologist, University of Iowa, Iowa City, IA, 26249-26255 2016-10184 2016-10185 National Transportation National Transportation Safety Board NOTICES Meetings;

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Proposals, Submissions, and Approvals, 26271-26272, 26274, 26294-26295, 26298 2016-10107 2016-10108 2016-10110 2016-10111 Applications: Terra Capital Partners, LLC, et al., 26279-26281 2016-10109 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 26299-26301 2016-10151 Chicago Stock Exchange, Inc., 26295-26296 2016-10152 ISE Mercury, LLC, 26277-26279 2016-10155 NASDAQ PHLX, LLC, 26296-26298 2016-10148 NASDAQ Stock Market, LLC, 26265-26269, 26275-26277, 26281-26294 2016-10146 2016-10147 2016-10153 2016-10154 National Securities Clearing Corp., 26272-26274 2016-10150 New York Stock Exchange, LLC, 26269-26271 2016-10149 Trading Suspension Orders:

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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 84 Monday, May 2, 2016 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-1363; Directorate Identifier 2015-CE-040-AD; Amendment 39-18496; AD 2016-08-19] RIN 2120-AA64 Airworthiness Directives;

Mitsubishi Heavy Industries, Ltd. Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for certain Mitsubishi Heavy Industries, Ltd. Models MU-2B-30, MU-2B-35, MU-2B-36, MU-2B-36A, and MU-2B-60 airplanes. This AD results from mandatory continuing airworthiness information

(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as reports of cracks found in the attach fittings of the main landing gear oleo strut. We are issuing this AD to require actions to address the unsafe condition on these products. DATES: This AD is effective June 6, 2016. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of June 6, 2016. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* by searching for and locating Docket No. FAA-2016-1363; or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. For service information identified in this AD, contact Mitsubishi Heavy Industries America, Inc., c/o Turbine Aircraft Services, Inc., 4550 Jimmy Doolittle Drive, Addison, Texas 75001; telephone:

(972)248-3108, ext. 209; fax:

(972)248-3321; Internet: *http://mu-2aircraft.com.* You may view this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call

(816)329-4148. It is also available on the Internet at *http://www.regulations.gov* by searching for Docket No. FAA-2016-1363. FOR FURTHER INFORMATION CONTACT: Andrew McAnaul, Aerospace Engineer, FAA, ASW-143 (c/o San Antonio MIDO), 10100 Reunion Place, Suite 650, San Antonio, Texas 78216; phone:

(210)308-3365; fax:

(210)308-3370; email: *andrew.mcanaul@faa.gov.* SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 by adding an AD that would apply to certain Mitsubishi Heavy Industries, Ltd. Models MU-2B-30, MU-2B-35, MU-2B-36, MU-2B-36A, and MU-2B-60 airplanes. The NPRM was published in the **Federal Register** on January 26, 2016 (81 FR 4217). The NPRM proposed to correct an unsafe condition for the specified products and was based on mandatory continuing airworthiness information

(MCAI)originated by an aviation authority of another country. The Japan Civil Aviation Bureau (JCAB), which is the aviation authority for Japan, has issued AD No. TCD-8595-2015, dated July 1, 2015 (referred to after this as “the MCAI”), to correct an unsafe condition for certain Mitsubishi Heavy Industries, Ltd.

(MHI)Models MU-2B-30, MU-2B-35, and MU-2B-36 airplanes. You may examine the MCAI on the Internet at *http://www.regulations.gov/#!docketDetail;D=FAA-2016-1363.* We have received reports of seven failures of the main landing gear oleo strut attach fitting on certain MHI Models MU-2B-30, MU-2B-35, MU-2B-36, MU-2B-36A, and MU-2B-60 airplanes. Investigation revealed that the failures resulted from improper lubrication and/or hard landings, which caused cracks to develop in the main landing gear oleo strut attach fitting. Japan is the State of Design for MHI Models MU-2B-30, MU-2B-35, and MU-2B-36 airplanes, which the MCAI AD applies to, and the United States is the State of Design for MHI Models MU-2B-36A and MU-2B-60 airplanes. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (81 FR 4217, January 26, 2016) or on the determination of the cost to the public. Conclusion We reviewed the relevant data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM (81 FR 4217, January 26, 2016) for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM (81 FR 4217, January 26, 2016). Related Service Information Under 1 CFR Part 51 We reviewed Mitsubishi Heavy Industries, Ltd. MU-2 Service Bulletin No. 243, dated June 30, 2015, and MU-2 Service Bulletin No. 105/32-017, dated September 29, 2015. The service information describes procedures for visually inspecting the lugs of the oleo attach fittings on both sides for cracks, and if any visible cracks are found, replacing with a new fitting. We also reviewed Mitsubishi Heavy Industries, Ltd. MU-2 Service News JCAB T.C.: No. 171, FAA T.C.: No. 124/32-011, dated April 27, 2012, and MU-2 Service News JCAB T.C.: No. 176, FAA T.C.: No. 128/32-013, dated July 18, 2013. This service information specifies doing repetitive ultrasound inspections of the main landing gear oleo upper attach fittings for cracks and ensuring proper lubrication of the main landing gear oleo fitting. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of the AD. Differences Between This AD and the MCAI We have determined that the repetitive visual inspections specified in the MCAI are not adequate for detecting cracks in the main landing gear oleo strut attach fitting. Repetitive ultrasonic inspections of the main landing gear oleo strut attach fitting have been added into the maintenance requirement manual for these airplanes, which is not considered mandatory in the FAA's airworthiness regulatory system. Therefore, we are incorporating that requirement through the rulemaking process. Costs of Compliance We estimate that this AD will affect 95 products of U.S. registry. We also estimate that it will take about 5 work-hours per product to comply with the visual inspection requirement of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of the visual inspection requirements of this AD on U.S. operators to be $40,375, or $425 per product. We also estimate that it will take about 3 work-hours per product to comply with the ultrasound inspection requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of the ultrasound inspection requirements of this AD on U.S. operators to be $24,225, or $255 per product. Owner/operators have the option to do an ultrasound inspection in lieu of the required visual inspection. In addition, we estimate that any necessary follow-on actions will take about 24 work-hours and require parts costing $5,220, for a cost of $7,260 per product to replace the left-hand main landing gear oleo strut. We have no way of determining the number of products that may need this action. In addition, we also estimate that any necessary follow-on actions will take about 45 work-hours and require parts costing $5,220, for a cost of $9,045 per product to replace the right-hand main landing gear oleo strut. We have no way of determining the number of products that may need this action. 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 this AD:

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

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

(3)Will not affect intrastate aviation in Alaska, 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. 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-2016-1363; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. 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 AD: **2016-08-19 Mitsubishi Heavy Industries, Ltd.:** Amendment 39-18496; Docket No. FAA-2016-1363; Directorate Identifier 2015-CE-040-AD.

(a)Effective Date This airworthiness directive

(AD)becomes effective June 6, 2016.

(b)Affected ADs None.

(c)Applicability This AD applies to Mitsubishi Heavy Industries, Ltd. Models MU-2B-30, MU-2B-35, and MU-2B-36 airplanes, serial numbers 502 through 696, except 652 and 661, and Models MU-2B-36A and MU-2B-60 airplanes, serial numbers 661SA, and 697SA through 1569SA, certificated in any category.

(d)Subject Air Transport Association of America

(ATA)Code 32: Landing Gear.

(e)Reason This AD was prompted by mandatory continuing airworthiness information

(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as reports of cracks found in the upper attach fittings of the main landing gear oleo strut. We are issuing this AD to prevent failure of the main landing gear oleo strut attach fitting, which could cause the landing gear to fail and result in loss of control.

(f)Actions and Compliance Unless already done, do the following actions:

(1)Within the next 100 hours time-in-service

(TIS)after June 6, 2016 (the effective date of this AD) or within the next 6 months after June 6, 2016 (the effective date of this AD), whichever occurs first, do a visual inspection of the main landing gear oleo upper attach fittings for cracks. Do the inspection following the INSTRUCTIONS section in Mitsubishi Heavy Industries, Ltd. MU-2 Service Bulletin No. 243, dated June 30, 2015, and the INSTRUCTIONS section in Mitsubishi Heavy Industries, Ltd. MU-2 Service Bulletin No. 105/32-017, dated September 29, 2015, as applicable.

(2)Before further flight after the inspection required in paragraph (f)(1) of this AD, if no signs of cracks are found, lubricate the pin assembly attached to the main landing gear oleo attach fitting as specified in Mitsubishi Heavy Industries, Ltd. MU-2 Service News JCAB T.C.: No. 171, FAA T.C.: No. 124/32-011, dated April 27, 2012.

(3)Within the next 100 hours TIS after doing the initial visual inspection required in paragraph (f)(1) of this AD or within the next 12 months after doing the initial visual inspection required in paragraph (f)(1) of this AD, whichever occurs first, do an ultrasound inspection of the main landing gear oleo upper attach fittings for cracks as specified in Mitsubishi Heavy Industries, Ltd. MU-2 Service News JCAB T.C.: No. 176, FAA T.C.: No. 128/32-013, dated July 18, 2013. This ultrasound inspection may also be done in place of the visual inspection required in paragraph (f)(1) of this AD if done within the next 100 hours TIS after June 6, 2016 (the effective date of this AD) or within the next 6 months after June 6, 2016 (the effective date of this AD), whichever occurs first. Repetitively thereafter ultrasound inspect the attach fittings every 600 hours TIS or 36 months, whichever occurs first, and any time a hard landing or overweight landing occurs.

(4)Before further flight after any inspection required in paragraph (f)(3) of this AD, if no signs of cracks are found, lubricate the pin assembly attached to the main landing gear oleo attach fitting as specified in Mitsubishi Heavy Industries, Ltd. MU-2 Service News JCAB T.C.: No. 171, FAA T.C.: No. 124/32-011, dated April 27, 2012, and Mitsubishi Heavy Industries, Ltd. MU-2 Service News JCAB T.C.: No. 176, FAA T.C.: No. 128/32-013, dated July 18, 2013.

(5)Before further flight after any inspection required in paragraph (f)(1) and (f)(3) of this AD where cracks are found, replace the main landing gear oleo upper attach fittings following the INSTRUCTIONS section in Mitsubishi Heavy Industries, Ltd. MU-2 Service Bulletin No. 243, dated June 30, 2015, and the INSTRUCTIONS sections in Mitsubishi Heavy Industries, Ltd. MU-2 Service Bulletin No. 105/32-017, dated September 29, 2015, as applicable. After replacement, continue with the repetitive ultrasound inspection requirements of paragraph (f)(3) and lubrication requirements of paragraph (f)(4) of this AD.

(g)Other FAA AD Provisions The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Andrew McAnaul, Aerospace Engineer, FAA, ASW-143 (c/o San Antonio MIDO), 10100 Reunion Place, Suite 650, San Antonio, Texas 78216; phone:

(210)308-3365; fax:

(210)308-3370; email: *andrew.mcanaul@faa.gov.* Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(h)Related Information Refer to MCAI Japan Civil Aviation Bureau

(JCAB)AD No. TCD-8585-2015, dated July 1, 2015, for related information. You may examine the MCAI on the Internet at *http://www.regulations.gov/#!docketDetail;D=FAA-2016-1363.*

(i)Material Incorporated by Reference

(1)The Director of the Federal Register approved the incorporation by reference

(IBR)of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.

(i)Mitsubishi Heavy Industries, Ltd. MU-2 Service Bulletin No. 105/32-017, dated September 29, 2015.

(ii)Mitsubishi Heavy Industries, Ltd. MU-2 Service Bulletin No. 243, dated June 30, 2015.

(iii)Mitsubishi Heavy Industries, Ltd. MU-2 Service News JCAB T.C.: No. 176, FAA T.C.: No. 128/32-013, dated July 18, 2013.

(iv)Mitsubishi Heavy Industries, Ltd. MU-2 Service News JCAB T.C.: No. 171, FAA T.C.: No. 124/32-011, dated April 27, 2012.

(3)For Mitsubishi Heavy Industries, Ltd service information identified in this AD, contact Mitsubishi Heavy Industries America, Inc., c/o Turbine Aircraft Services, Inc., 4550 Jimmy Doolittle Drive, Addison, Texas 75001; telephone:

(972)248-3108, ext. 209; fax:

(972)248-3321; Internet: *http://mu-2aircraft.com.*

(4)You may view this service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call

(816)329-4148. In addition, you can access this service information on the Internet at *http://www.regulations.gov* by searching for and locating Docket No. FAA-2016-1363.

(5)You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Kansas City, Missouri, on April 14, 2016. Robert P. Busto, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-09239 Filed 4-29-16; 8:45 am]

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