Unknown. Final rule; request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-03-02.xml --- 82 40 Thursday, March 2, 2017 Contents Architectural Architectural and Transportation Barriers Compliance Board RULES Information and Communication Technology Standards and Guidelines, 12295-12296 2017-04059 Army Army Department NOTICES Exclusive Patent Licenses: Diamond B Technology Solutions, LLC, Billings, MT, 12348-12349 2017-03947 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12354-12363 2017-04042 2017-04043 2017-04044 2017-04045 2017-04046 2017-04047 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12363-12364 2017-04160 Civil Rights Civil Rights Commission NOTICES Meetings: Minnesota Advisory Committee, 2017-04062 12335-12336 2017-04063 Wisconsin Advisory Committee, 12336 2017-04064 Coast Guard Coast Guard NOTICES Meetings:

Merchant Mariner Medical Advisory Committee, 12367-12368 2017-04041 National Boating Safety Advisory Council, 12366-12367 2017-04038 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 12348 2017-04113 Copyright Office Copyright Office, Library of Congress PROPOSED RULES Disruption of Copyright Office Electronic Systems, 12326-12328 2017-03907 NOTICES Study on Moral Rights of Attribution and Integrity;

Extension of Comment Period, 12372 2017-04061 Defense Department Defense Department See Army Department Employee Benefits Employee Benefits Security Administration PROPOSED RULES Definition of Term Fiduciary; Conflict of Interest Rule—Retirement Investment, 12319-12326 2017-04096 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: TN; Air Plan Approvals; Prong 4-2010 NO2, SO2, and 2012 PM2.5 NAAQS, 12328-12333 2017-04009 Financial Responsibility Requirements under CERCLA for Classes of Facilities in Hardrock Mining Industry, 12333-12334 2017-04007 Farm Credit Farm Credit Administration NOTICES Meetings;

Sunshine Act, 12349 2017-04140 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters Deutschland GmbH (Airbus Helicopters) (Previously Eurocopter Deutschland GmbH), 12293-12295 2017-03963 Bell Helicopter Textron Canada Limited Helicopters, 12291-12293 2017-03954 Rolls-Royce, PLC Turbofan Engines, 12289-12291 2017-04053 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 12314-12318 2017-03953 Bombardier, Inc., Airplanes, 12301-12303 2017-03995 DG Flugzeugbau GmbH Gliders, 12312-12314 2017-03967 Piper Aircraft, Inc.

Airplanes, 12310-12312 2017-03952 The Boeing Company Airplanes, 12303-12305 2017-03996 The Enstrom Helicopter Corporation, 12308-12310 2017-03950 ZLIN AIRCRAFT a.s. Airplanes, 12305-12308 2017-03965 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Waivers and ATC Authorization in Controlled Airspace, 12391-12392 2017-04054 Meetings: Aviation Rulemaking Advisory Committee, 12390-12391 2017-04126 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12349-12350 2017-04060 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 12350 2017-04066 Foreign Trade Foreign-Trade Zones Board NOTICES Approvals of Subzone Status: Volvo Car US Operations, Inc. Ridgeville, South Carolina, 12336-12337 2017-04018 2017-04019 General Services General Services Administration NOTICES Privacy Act; Systems of Records, 12350-12354 2017-04017 2017-04037 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See National Institutes of Health Homeland Homeland Security Department See Coast Guard Inter-American Inter-American Foundation NOTICES Meetings;

Sunshine Act, 12368 2017-04184 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cold-Rolled Steel Flat Products from Japan, 12337-12339 2017-04055 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Biaxial Integral Geogrid Products from China, 12368-12369 2017-04001 Judicial Conference Judicial Conference of the United States NOTICES Meetings:

Advisory Committee on Rules of Evidence, 12369 2017-04057 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Continuation of Death Benefit for Student, 12371 2017-04048 Cranes and Derricks in Construction Standard, 12369-12370 2017-04050 Definition and Requirements for Nationally Recognized Testing Laboratory, 12370-12371 2017-04049 Library Library of Congress See Copyright Office, Library of Congress National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 12364-12365 2017-04024 National Institute of Neurological Disorders and Stroke, 12365 2017-04027 National Institute on Drug Abuse, 2017-04025 12364-12366 2017-04026 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries, 12296-12300 2017-04141 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12339-12340 2017-04020 2017-04021 Exempted Fishing Permits:

Atlantic Highly Migratory Species:, 12340-12341 2017-04010 Takes of Marine Mammals Incidental to Specified Activities: Seabird and Shorebird Monitoring and Research at Eastern Massachusetts National Wildlife Refuge Complex, MA, 12342-12348 2017-04002 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Geosciences, 12372 2017-04051 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Reactor Safeguards, 12372-12373 2017-04065 Advisory Committee on Reactor Safeguards Subcommittee on Future Plant Designs, 12373-12374 2017-04008 Occupational Safety Health Adm Occupational Safety and Health Administration PROPOSED RULES Occupational Exposure:

Beryllium; Proposed Delay of Effective Date, 12318-12319 2017-04040 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 12374 2017-04180 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2017-04022 12377-12378, 12389 2017-04023 Applications: Deregistration under Section 8(f) of Investment Company Act of 1940, 12385-12387 2017-04014 Self-Regulatory Organizations; Proposed Rule Changes:

Financial Industry Regulatory Authority, Inc., 12387-12389 2017-04033 ISE Gemini, LLC, 12374-12376, 12380-12383 2017-04030 2017-04031 2017-04034 NASDAQ BX, Inc, 12378-12379 2017-04032 NASDAQ PHLX, LLC, 12383-12385 2017-04036 NASDAQ Stock Market, LLC, 12376-12377 2017-04035 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12389-12390 2017-04052 State Department State Department NOTICES Meetings:

U.S. Advisory Commission on Public Diplomacy, 12390 2017-04058 Transportation Department Transportation Department See Federal Aviation Administration U.S. China U.S.-China Economic and Security Review Commission NOTICES Public Hearings, 12392 2017-04067 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 40 Thursday, March 2, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No.

FAA-2012-0004; Directorate Identifier 2012-NE-01-AD; Amendment 39-18794; AD 2017-03-03] RIN 2120-AA64 Airworthiness Directives; Rolls-Royce plc Turbofan Engines AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are superseding airworthiness directive

(AD)2013-05-18 for certain Rolls-Royce plc

(RR)RB211 Trent 500 series turbofan engines. AD 2013-05-18 required initial and repetitive inspections of the low-pressure

(LP)fuel tubes, fuel tube clips, and fuel/oil heat exchanger

(FOHE)mounts for evidence of damage, wear, and fuel leakage. This AD reduces the repetitive inspection intervals. This AD was prompted by additional service experience. We are issuing this AD to correct the unsafe condition on these products. DATES: This AD is effective March 17, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 17, 2017. We must receive any comments on this AD by May 1, 2017. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England, DE248BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936; or email: *http://www.rolls-royce.com/contact/civil_team.jsp.* You may view this service information at the FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7125. It is also available on the Internet at *http://www.regulations.gov* by searching for and locating Docket No. FAA-2012-0004. 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-2012-0004; 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 this AD, the mandatory continuing airworthiness information, regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7754; fax: 781-238-7199; email: *Robert.Green@faa.gov.* SUPPLEMENTARY INFORMATION: Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2012-0004; Directorate Identifier 2012-NE-01-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Discussion On March 7, 2013, we issued AD 2013-05-18, Amendment 39-17390 (78 FR 17297, March 21, 2013), for all RR RB211 Trent 500 series turbofan engines. AD 2013-05-18 required initial and repetitive inspections of the fuel tubes, fuel tube clips, and FOHE mounts for evidence of damage, wear, and fuel leakage. AD 2013-05-18 resulted from reports of wear found between the securing clips and the LP fuel tube outer surface, which reduces the fuel tube wall thickness, leading to fracture of the fuel tube and consequent fuel leakage. We issued AD 2013-05-18 to prevent engine fuel leaks, which could result in engine damage and damage to the airplane. Actions Since AD 2013-05-18 Was Issued Since we issued AD 2013-05-18, RR has determined that the repetitive inspection interval should be reduced. Also since we issued AD 2013-05-18, the European Aviation Safety Agency

(EASA)has issued AD 2016-0227, dated November 10, 2016, which requires correcting some technical instructions and reducing the inspection interval. Related Service Information Under1 CFR Part 51 We reviewed RR Alert Non Modification Service Bulletin

(NMSB)RB.211-73-AG948, Revision 3, dated September 9, 2016. The NMSB describes procedures for inspecting, removing, and replacing the LP fuel tubes, fuel tube clips, and FOHE mounts. 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. FAA's Determination We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. AD Requirements This AD requires repetitive inspections of the LP fuel tubes and fuel tube clips, and FOHE mounts for evidence of damage, wear, and fuel leakage. FAA's Justification and Determination of the Effective Date No domestic operators use this product. Therefore, we find that notice and opportunity for prior public comment are unnecessary and that good cause exists for making this amendment effective in less than 30 days. Costs of Compliance We estimate that this AD affects no engines installed on airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspection 5 work-hours × $85 per hour = $425 $0 $425 $0 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 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. 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 part 39 of the Federal Aviation Regulations (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 removing airworthiness directive

(AD)2013-05-18, Amendment 39-17390 (78 FR 17297, March 21, 2013), and adding the following new AD: **2017-03-03 Rolls-Royce plc:** Amendment 39-18794; Docket No. FAA-2012-0004; Directorate Identifier 2012-NE-01-AD.

(a)Effective Date This AD is effective March 17, 2017.

(b)Affected ADs This AD supersedes AD 2013-05-18, Amendment 39-17390 (78 FR 17297, March 21, 2013).

(c)Applicability This AD applies to Rolls-Royce plc

(RR)RB211 Trent 553-61, RB211 Trent 553A2-61, RB211 Trent 556-61, RB211 Trent 556A2-61, RB211 Trent 556B-61, RB211 Trent 556B2-61, RB211 Trent 560-61, and RB211 Trent 560A2-61 turbofan engines that have any of the following fuel tube part numbers installed: FW57605, FW17689, FW57604, FK30710, FW57578, or FK30713.

(d)Subject Joint Aircraft System Component

(JASC)Code 7921, Engine Oil Cooler.

(e)Unsafe Condition This AD was prompted by reports of wear found between the securing clips and the low-pressure

(LP)fuel tube outer surface, which reduces the fuel tube wall thickness, leading to fracture of the fuel tube and consequent fuel leakage. We are issuing this AD to prevent engine fuel leaks, which could result in engine damage and damage to the airplane.

(f)Compliance Comply with this AD within the compliance times specified, unless already done.

(g)Required Actions

(1)Inspect the LP fuel tubes, clips, and fuel/oil heat exchanger

(FOHE)mounts of the LP fuel system of engines that are on wing within 1,600 flight hours after February 24, 2012, or before the next flight after the effective date of this AD, whichever occurs later. Use the Accomplishment Instructions, paragraph 3.A, of RR Alert Non-Modification Service Bulletin

(NMSB)RB.211-73-AG948, Revision 3, dated September 9, 2016, to do the inspection.

(2)At intervals not to exceed 5,000 engine flight hours (EFH), reinspect the LP fuel tubes, clips, and FOHE mounts using the Accomplishment Instructions, paragraph 3.A or 3.B, of RR Alert NMSB RB.211-73-AG948, Revision 3, dated September 9, 2016.

(3)If the LP fuel system fails the inspections required by paragraphs (g)(1) and

(2)of this AD, replace the part(s) that failed the inspection with hardware eligible for installation before further flight.

(4)At any shop visit after the effective date of this AD, inspect the LP fuel system using the Accomplishment Instructions, paragraph 3.B, of RR Alert NMSB RB.211-73-AG948, Revision 3, dated September 9, 2016.

(h)Definitions

(1)For the purpose of this AD, a shop visit is the induction of an engine into the shop for maintenance or overhaul. The separation of engine flanges solely for the purpose of transporting the engine without subsequent engine maintenance does not constitute an engine shop visit.

(2)For the purposes of paragraph (g)(2) of this AD, EFHs are those accumulated by the engine since the most recent accomplishment of any RR Service Bulletin (SB), NMSB, or Alert NMSB listed in paragraphs (h)(2)(i) through (h)(2)(v) of this AD:

(i)Accomplishment of RR SB RB.211-73-F737, Revision 5, dated June 9, 2009, or earlier versions.

(ii)Accomplishment of RR SB RB.211-73-F738, Revision 2, dated February 20, 2015, or earlier versions.

(iii)Last inspection in accordance with RR Alert NMSB RB.211-73-AG797, Revision 2, dated June 13, 2012.

(iv)Last inspection in accordance with RR NMSB RB.211-73-G723, Revision 1, dated January 31, 2012.

(v)Last inspection in accordance with RR Alert NMSB RB.211-73-AG948, Revision 3, dated September 9, 2016.

(i)Credit for Previous Actions You may take credit for the initial inspections required by paragraphs (g)(1) and

(2)of this AD, if you performed these inspections before the effective date of this AD, using RR Alert NMSB RB.211-73-AG948, Revision 2, or earlier versions; RR NMSB RB.211-73-G723, Revision 1, or earlier versions; or RR Alert NMSB RB.211-73-AG797, Revision 2, or earlier versions.

(j)Alternative Methods of Compliance (AMOCs) The Manager, Engine Certification Office, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request. You may email your request to: *ANE-AD-AMOC@faa.gov.*

(k)Related Information

(1)For more information about this AD, contact Robert Green, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7754; fax: 781-238-7199; email: *Robert.Green@faa.gov.*

(2)Refer to MCAI EASA AD 2016-0227, dated November 10, 2016, for more information. You may examine the MCAI in the AD docket on the Internet at *http://www.regulations.gov* by searching for and locating it in Docket No. FAA-2012-0004.

(3)RR SB RB.211-73-F737, Revision 5, dated June 9, 2009; SB RB.211-73-F738, Revision 2, dated February 20, 2015; RR NMSB RB.211-73-G723, Revision 1, dated January 31, 2012; and RR Alert NMSB RB.211-73-AG797, Revision 2, dated June 13, 2012, which are not incorporated by reference in this AD, can be obtained from RR, using the contact information in paragraph (l)(3) of this AD.

(l)Material Incorporated by Reference

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

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

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

(i)Rolls-Royce plc

(RR)Alert Non-Modification Service Bulletin RB.211-73-AG948, Revision 3, dated September 9, 2016.

(ii)Reserved.

(3)For RR service information identified in this AD, contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England, DE248BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936; email: *http://www.rolls-royce.com/contact/civil_team.jsp.*

(4)You may view this service information at FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7125.

(5)You may view this service information 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 Burlington, Massachusetts, on January 27, 2017. Colleen M. D'Alessandro, Manager, Engine & Propeller Directorate, Aircraft Certification Service. [FR Doc. 2017-04053 Filed 3-1-17; 8:45 am]

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