Unknown. Final rule; request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-09-08.xml --- 82 173 Friday, September 8, 2017 Contents Centers Disease Centers for Disease Control and Prevention NOTICES Statement of Organization, Functions, and Delegations of Authority, 42555 2017-19023 2017-19024 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42555-42556 2017-19060 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 42556-42557 2017-19061 Coast Guard Coast Guard RULES Drawbridge Operations: Upper Mississippi River, Rock Island, IL, 42447 2017-19036 NOTICES Guidance: Navigation and Vessel Inspection Circular; Guidelines for Addressing Cyber Risks at Maritime Transportation Security Act Regulated Facilities, 42560-42561 2017-19037 Meetings: Great Lakes Pilotage Advisory Committee, 42561 2017-19054 Commerce Commerce Department See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commission Fine Commission of Fine Arts NOTICES Meetings:

Commission of Fine Arts, 42545 2017-18965 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 42545-42547 2017-19083 2017-19082 Defense Department Defense Department See Engineers Corps Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: International Energy Agency, 42549-42550 2017-19052 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Combined Operational Plan, Broward, Miami-Dade Counties, FL, 42547-42548 2017-19065 Lower Columbia River Federal Navigation Channel Maintenance Plan, 42548-42549 2017-18988 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alaska; Fairbanks North Star Borough; 2006 PM <sup>2.5</sup> Moderate Area Plan, 42457-42473 2017-18768 Attainment Date Extensions; Logan, Utah-Idaho 2006 24-Hour Fine Particulate Matter Nonattainment Area, 42447-42451 2017-18878 Ohio;

Volatile Organic Compound Control Rules, 42451-42454 2017-18864 Texas; El Paso Carbon Monoxide Limited Maintenance Plan, 42454-42457 2017-18950 PROPOSED RULES Method 202—Dry Impinger Method for Determining Condensable Particulate Emissions from Stationary Sources, 42508-42530 2017-18425 Tolerance Exemptions: Aluminum tris (O-ethylphosphonate), Carbon disulfide, p-Chlorophenoxyacetic acid, Cyromazine, Dichlobenil, etc., 42531-42539 2017-18780 NOTICES Environmental Impact Statements;

Availability, etc.: Weekly Receipts, 42551 2017-19059 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 42551 2017-19101 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Exposure Drafts: Intragovernmental Exchange Transactions, 42551-42552 2017-19062 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Agusta S.p.A. Helicopters, 42441-42443 2017-18972 Rolls-Royce Corporation Turboshaft Engines, 42443-42445 2017-18910 Amendment of Class E Airspace:

Falls City, NE, 42445-42446 2017-18917 PROPOSED RULES Airworthiness Directives: Airbus Helicopters, 42487-42489 2017-18973 Viking Air Limited Airplanes, 42489-42492 2017-18900 Federal Communications Federal Communications Commission RULES Connect America Fund: Universal Service Reform—Mobility Fund, 42473-42486 2017-17824 Federal Energy Federal Energy Regulatory Commission NOTICES Emergency Petitions for Waivers: Colonial Pipeline Co., 42550-42551 2017-19120 Emergency Requests for Temporary Waivers:

Valero Energy Corp; Valero Marketing and Supply Co., 42550 2017-19121 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Epilepsy and Seizure Disorders, 42569 2017-19048 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 42552 2017-19066 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements: Mars, Inc. and VCA, Inc., 42552-42554 2017-19044 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements;

Availability, etc.: Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Draft R—Project Transmission Line Habitat Conservation Plan for American Burying Beetle, 42561-42562 2017-18823 Food and Drug Food and Drug Administration PROPOSED RULES Review of Existing Center for Biologics Evaluation and Research Regulatory and Information Collection Requirements, 42492-42494 2017-19032 Review of Existing Center for Devices and Radiological Health Regulatory and Information Collection Requirements, 42494-42497 2017-19034 Review of Existing Center for Drug Evaluation and Research Regulatory and Information Collection Requirements, 42499-42501 2017-19033 Review of Existing Center for Food Safety and Applied Nutrition Regulatory and Information Collection Requirements, 42503-42506 2017-19030 Review of Existing Center for Tobacco Products Regulatory and Information Collection Requirements, 42501-42503 2017-19035 Review of Existing Center for Veterinary Medicine Regulatory and Information Collection Requirements, 42497-42499 2017-19031 Review of Existing General Regulatory and Information Collection Requirements of Food and Drug Administration, 42506-42508 2017-19047 NOTICES Meetings:

Self-Collection Devices for Pap Test; Public Workshop; Request for Comments, 42557-42559 2017-19029 General Services General Services Administration NOTICES Meetings: Presidential Commission on Election Integrity, 42554-42555 2017-19025 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Electronic Devices, Including Mobile Phones, Tablet Computers, and Components Thereof, 42562-42563 2017-19084 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of Coastwise Trade Laws: Vessel SILVER MAMA, 42569-42570 2017-19045 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42570-42577 2017-19012 2017-19013 2017-19014 2017-19015 2017-19016 2017-19017 National Institute National Institute of Standards and Technology NOTICES Meetings:

National Construction Safety Team Advisory Committee, 42540-42541 2017-19080 Requests for Information: Building Foundations for Quantum Industry, 42541-42542 2017-19081 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Participate in National Institutes of Health Technical Assistance Programs: Commercialization Accelerator Program, 42559-42560 2017-19078 Meetings: National Cancer Institute, 42559 2017-19026 National Heart, Lung, and Blood Institute, 42559 2017-19027 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:

Fisheries of South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review, 42544 2017-19056 Fisheries of South Atlantic; South Atlantic Fishery Management Council, 42544-42545 2017-19055 New England Fishery Management Council, 42542-42543 2017-19057 North Pacific Fishery Management Council, 42543-42544 2017-19058 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Education and Human Resources, 42563 2017-19077 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings;

Sunshine Act, 42563-42564 2017-19138 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42564-42567 2017-19069 2017-19070 2017-19071 2017-19072 Small Business Small Business Administration NOTICES Disaster Declarations: California; Declaration of Economic Injury, 42567 2017-19079 Idaho, 42568 2017-19019 Iowa, 42568 2017-19020 Texas, 42567-42568 2017-19022 Surface Transportation Surface Transportation Board NOTICES Acquisition Exemptions:

Grand Elk Railroad, Inc. from Norfolk Southern Railway Co., 42568-42569 2017-19102 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Disability Compensation; Cancellation, 42577 2017-19040 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. 82 173 Friday, September 8, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0308; Product Identifier 2016-SW-083-AD; Amendment 39-19022; AD 2017-18-13] 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 superseding Airworthiness Directive

(AD)2015-22-51 for Agusta S.p.A. (Agusta) Model A109A and A109A II helicopters. AD 2015-22-51 required pre-flight checking and inspecting each main rotor blade (blade) for a crack and replacing any cracked blade. This new AD removes the check and requires inspecting each blade more frequently. This AD is prompted by a crack that was not detected during any of the pre-flight checks. The actions of this AD are intended to address the unsafe condition on these products. DATES: This AD becomes effective September 25, 2017. We must receive comments on this AD by November 7, 2017. 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 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-2017-0308; 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 Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate

(Va)Italy; telephone +39-0331-711756; fax +39-0331-229046; or at *http://www.leonardocompany.com/-/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 Section, Rotorcraft Standards Branch, 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 We issued Emergency AD 2015-22-51, which was published in the **Federal Register** as a Final rule; request for comments on February 1, 2016, at 81 FR 5037. AD 2015-22-51 applied to Agusta Model A109A and A109AII helicopters with a blade part number (P/N) 109-0103-01-7, P/N 109-0103-01-9, or P/N 109-0103-01-115 that had 500 or more hours time-in-service (TIS). AD 2015-22-51 required, before further flight and every 24 clock-hours, inspecting the top and bottom surface of each blade for a crack. AD 2015-22-51 also required, before each flight, checking the top and bottom surface of each blade for a crack. AD 2015-22-51 allowed this check to be performed by a pilot and required further inspection of the blade if there was a crack. 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 advised 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 P/N 109-0103-01-9 blade. EASA AD No. 2015-0190-E required pre-flight inspections and repetitive inspections of each blade. EASA advised that due to similarity of design, the inspections also applied to P/N 109-0103-01-7 and P/N 109-0103-01-115 blades. EASA further advised 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. EASA revised its AD and issued AD No. 2015-0190R1, dated October 23, 2015, to extend the interval of the repetitive inspections to 10 flight hours. Actions Since AD 2015-22-51 Was Issued Since we issued AD 2015-22-51, Leonardo Helicopters (previously Agusta) issued Alert Bollettino Tecnico

(BT)No. 109-150, Revision B, dated October 21, 2016, and EASA superseded AD 2015-0190R1 by issuing AD No. 2016-0213, dated October 26, 2016. EASA AD No. 2016-0213 was prompted by a crack in a blade P/N 109-0103-01-9 on a Model A109A II helicopter that was not detected during any of the pre-flight inspections. Upon a subsequent review of data, it was determined that the pre-flight inspections were ineffective to address the unsafe condition and that a shorter interval of the repetitive inspection is necessary. For these reasons, EASA AD 2016-0213 requires inspecting the blades for a crack at intervals not exceeding five flight hours. Additionally, the FAA is in the process of updating Agusta's name change to Leonardo Helicopters on its FAA type certificate. Because this name change is not yet effective, this AD specifies Agusta. Comments on AD 2015-22-51 After our Final rule; request for comments was published, we received comments from one commenter. Request The commenter stated the AD's cost estimate for a new blade is erroneous, and while the AD identifies the cost of a single inspection, it does not account for the cumulative cost of the daily inspection over time. We agree. We have revised the cost of the blade in this final rule. As far as a cumulative cost of the repetitive inspections, this new AD changes the compliance interval to every 5 hours TIS. Since the cumulative cost would be different for every operator, we have made no change to the estimated costs in this regard. The commenter also requested the FAA require Agusta to design and provide a new blade to operators at no charge. The commenter stated the actual cost of the AD is financially devastating to operators and renders the helicopter worthless. We do not have the authority to direct manufacturers to provide parts or repairs to operators at no charge. We can only require repair or replacement of defective components that are installed on the helicopter. In light of this, we have made no change to the AD in this regard. 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 Leonardo Helicopters Alert BT No. 109-150, Revision B, dated October 21, 2016. This service information specifies inspecting the top and bottom surfaces of each blade for a crack in the area between station 1550 (the station at the end of the doublers) and station 3100 (the station at the beginning of the abrasion strip) for a crack every 5 flight hours and replacing a cracked blade. AD Requirements This AD requires, before further flight, unless done within the last 5 hours TIS, and thereafter at intervals not to exceed 5 hours TIS, visually inspecting the top and bottom surface of each blade for a crack in the area between stations 1550 and 3100 using a 3X or higher power magnifying glass. If there is a crack, this AD requires replacing the blade. Differences Between This AD and the EASA AD The EASA AD requires a type II dye penetrant inspection if in doubt about whether there is a crack, while this AD does not. The EASA AD also includes warning the pilot regarding cracked blades resulting in possible vibration, while this AD does not. 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 8 work-hours to inspect a set of four blades at a cost of $680 per helicopter and $22,440 for the fleet per inspection cycle. We estimate 4 work-hours to replace a blade and the required parts will cost $124,000, for a replacement cost of $124,340 per blade. According to Leonardo Helicopter's service information, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage by Leonardo Helicopter. Accordingly, we have included all costs in our cost estimate. 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 find that the risk to the flying public justifies waiving notice and comment prior to the adoption of this rule because the required corrective actions must be completed before further flight or within 5 hours TIS after the effective date of this AD. Since an unsafe condition exists that requires the immediate adoption of this AD, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in less than 30 days. 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, 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 removing Airworthiness Directive

(AD)2015-22-51, Amendment 39-18386 (81 FR 5037, February 1, 2016), and adding the following new AD: **2017-18-13 Agusta S.p.A.:** Amendment 39-19022; Docket No. FAA-2017-0308; Product Identifier 2016-SW-083-AD.

(a)Applicability This AD applies to Model A109A and A109A II 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

(TIS)installed, certificated in any category.

(b)Unsafe Condition This AD defines the unsafe condition as a crack in a blade. This condition could result in failure of a blade and subsequent loss of control of the helicopter.

(c)Affected ADs This AD supersedes AD 2015-22-51, Amendment 39-18386 (81 FR 5037, February 1, 2016).

(d)Effective Date This AD becomes effective September 25, 2017.

(e)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.

(f)Required Actions Before further flight, unless already done within the last 5 hours TIS, and thereafter at intervals not to exceed 5 hours TIS:

(1)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 (station 1550) and the station at the beginning of the abrasion strip (station 3100).

(2)If there is a crack, replace the blade before further flight. Replacing the blade with blade P/N 109-0103-01-7, P/N 109-0103-01-9, or P/N 109-0103-01-115 does not constitute terminating action for the repetitive inspections required by this AD.

(g)Special Flight Permits Special flight permits are prohibited.

(h)Alternative Methods of Compliance (AMOCs)

(1)The Manager, Safety Management Section, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Fuller, Senior Aviation Safety Engineer, Safety Management Section, Rotorcraft Standards Branch, 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.

(i)Additional Information

(1)Leonardo Helicopters Alert Bollettino Tecnico No. 109-150, Revision B, dated October 21, 2016, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate

(Va)Italy; telephone +39-0331-711756; fax +39-0331-229046; or at *http://www.leonardocompany.com/-/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. 2016-0213, dated October 26, 2016. You may view the EASA AD on the Internet at *http://www.regulations.gov* by searching for and locating it in Docket No. FAA-2017-0308.

(j)Subject Joint Aircraft Service Component

(JASC)Code: 6210, Main Rotor Blade. Issued in Fort Worth, Texas, on August 30, 2017. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2017-18972 Filed 9-7-17; 8:45 am]

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