Unknown. Final rule

4,885 words·~22 min read·/register/2018/10/29/2018-23526·

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-2018-10-29.xml --- 83 209 Monday, October 29, 2018 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54308-54311 2018-23525 2018-23552 2018-23565 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Importation of Citrus from Peru; Expansion of Citrus-Growing Area, 54312 2018-23540 Army Army Department NOTICES Meetings: Western Hemisphere Institute for Security Cooperation Board of Visitors, 54329 2018-23542 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54352-54354 2018-23576 2018-23590 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 54354-54355 2018-23536 Civil Rights Civil Rights Commission NOTICES Meetings: Illinois Advisory Committee, 54313-54314 2018-23543 Coast Guard Coast Guard RULES Drawbridge Operations: Anacostia River, Washington, DC, 54247-54248 2018-23598 Duluth Ship Canal, Duluth-Superior Harbor, MN, 54245-54247 2018-23504 Hackensack River, Jersey City, NJ, 54248-54250 2018-23596 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54366-54367 2018-23502 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 54326-54328 2018-23538 2018-23539 Court Court Services and Offender Supervision Agency for the District of Columbia NOTICES Performance Review Board Membership, 54328 2018-23541 Defense Department Defense Department See Army Department See Navy Department PROPOSED RULES Right to Financial Privacy Act, 54297-54300 2018-23396 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54329-54333 2018-23579 2018-23588 Arms Sales, 54330-54332 2018-23601 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Educational Quality through Innovative Partnerships Experimental Sites Initiative, 54336-54337 2018-23494 Middle Grades Longitudinal Study of 2017-18 Main Study First Follow-up Tracking and Recruitment Revision and Operational Field Test Second Follow-up, 54335-54336 2018-23551 Meetings: National Assessment Governing Board, 54333-54335 2018-23495 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Health Reimbursement Arrangements and Other Account-Based Group Health Plans, 54420-54477 2018-23183 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Critical Electric Infrastructure Information:

Administrative Procedures, 54268-54278 2018-23459 NOTICES Application for Long-Term, Multi-Contract Authorization to Export Natural Gas to Mexico and to Export Liquefied Natural Gas to Non-Free Trade Agreement Nations: Energia Costa Azul S. de R.L. de C.V, 54337-54338 2018-23471 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Pyroxasulfone, 54259-54264 2018-23002 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:

New Jersey; Approval of Source-Specific Air Quality Implementation Plans, 54300-54303 2018-23575 Proposed Authorization of State Hazardous Waste Management Program Revisions: Mississippi, 54304-54307 2018-23580 Public Hearings: Oil and Natural Gas Sector; Emission Standards for New, Reconstructed, and Modified Sources Reconsideration, 54303-54304 2018-23570 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Chemical Data Reporting under the Toxic Substances Control Act, 54341-54342 2018-23560 Hazardous Waste Generator Standards, 54344-54345 2018-23558 Identification of Non-Hazardous Secondary Materials That Are Solid Waste, 54345-54346 2018-23584 Requirements and Exemptions for Specific RCRA Wastes, 54343-54344 2018-23556 Standardized Permit for RCRA Hazardous Waste Management Facilities, 54346-54347 2018-23581 Meetings:

Small Communities Advisory Subcommittee and the Local Government Advisory Committee, 54342-54343 2018-23573 Thirty-Fourth Update of the Federal Agency Hazardous Waste Compliance Docket, 54347-54351 2018-23585 Federal Aviation Federal Aviation Administration RULES Air Traffic Service Routes: Vicinity of Chicago, IL, 54239-54241 2018-23562 Airworthiness Directives: Pratt and Whitney Turbofan Engines, 54229-54232 2018-23526 Amendment of Class D and Class E Airspace: Atwater, CA, 54234-54236 2018-23476 Aurora, OR, 54232-54234 2018-23479 Amendment of Class E Airspace:

Merced, CA, 54236-54238 2018-23478 Amendment of V-97 and V-422: Vicinity of Chicago, IL, 54238-54239 2018-23564 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 54241-54243 2018-23143 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 54243-54245 2018-23142 PROPOSED RULES Prohibition against Certain Flights within the Territory and Airspace of Afghanistan; Withdrawal, 54278-54279 2018-23400 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Certification of Repair Stations, 54413-54414 2018-23532 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54351-54352 2018-23500 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 54352 2018-23717 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 54339-54341 2018-23531 2018-23534 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Ambit Northeast, LLC, 54338-54339 2018-23533 License Applications: Fall River Rural Electric Cooperative, Inc., 54339-54340 2018-23530 Requests under Blanket Authorizations: Perryville Gas Storage LLC, 54340 2018-23529 Federal Highway Federal Highway Administration RULES Environmental Impacts and Related Procedures, 54480-54508 2018-23286 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 54414 2018-23704 Federal Railroad Federal Railroad Administration RULES Environmental Impacts and Related Procedures, 54480-54508 2018-23286 NOTICES Petitions for Approval of Product Safety Plan, 54414-54415 2018-23535 Federal Transit Federal Transit Administration RULES Environmental Impacts and Related Procedures, 54480-54508 2018-23286 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species:

Wayne County, Utah, Incidental Take Permit Application; Range-Wide General Conservation Plan for Utah Prairie Dog, 54370-54371 2018-23566 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Investigation of Consumer Perceptions of Expressed Modified Risk Claims, 54356-54359 2018-23523 Determinations of Regulatory Review Periods for Purposes of Patent Extensions: RAINDROP NEAR VISION INLAY, 54360-54362 2018-23527 Meetings:

Circulatory System Devices Panel of the Medical Devices Advisory Committee, 54359-54360 2018-23577 Modified Risk Tobacco Product Applications: Snus Products Submitted by Swedish Match North America Inc., 54362-54363 2018-23524 New Drug Applications: Endo Pharmaceuticals, Inc., et al.; Withdrawal of Approval, 54355-54356 2018-23528 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: AGCO Corp., Foreign-Trade Zone 119, Minneapolis-St. Paul, MN, 54314-54315 2018-23555 General Services General Services Administration NOTICES Federal Acquisition Regulation:

FY 2019 FAR Reissue Posted to the Acquisition.gov Website, 54352 2018-23568 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health PROPOSED RULES Health Reimbursement Arrangements and Other Account-Based Group Health Plans, 54420-54477 2018-23183 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 54364-54365 2018-23522 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ryan White HIV/AIDS Program Client-Level Data Reporting System, 54363-54364 2018-23547 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Interior Interior Department See Fish and Wildlife Service See Land Management Bureau NOTICES Meetings:

Invasive Species Advisory Committee, 54371 2018-23587 Internal Revenue Internal Revenue Service PROPOSED RULES Health Reimbursement Arrangements and Other Account-Based Group Health Plans, 54420-54477 2018-23183 Investing in Qualified Opportunity Funds, 54279-54296 2018-23382 NOTICES Meetings: Internal Revenue Service Advisory Council, 54415 2018-23537 International Trade Adm International Trade Administration NOTICES Export Trade Certificates of Review, 54315-54316 2018-23578 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Laminated Woven Sacks from Vietnam, 54373-54374 2018-23518 Meetings; Sunshine Act, 54372-54373 2018-23628 2018-23629 Labor Department Labor Department See Employee Benefits Security Administration See Workers Compensation Programs Office Land Land Management Bureau NOTICES Meetings: Northwest Resource Advisory Council, Colorado, 54372 2018-23550 State of Arizona Resource Advisory Council, 54371-54372 2018-23549 NASA National Aeronautics and Space Administration NOTICES Meetings:

NASA Advisory Council; Aeronautics Committee; Amended WebEx Information, 54375-54376 2018-23491 National Space Council Users' Advisory Group, 54376 2018-23492 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 54365-54366 2018-23514 National Institute of General Medical Sciences, 54365-54366 2018-23512 2018-23513 National Institute of Neurological Disorders and Stroke, 54365 2018-23511 Office of the Director, 54366 2018-23510 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Summer Flounder Fishery; Quota Transfer, 54264-54265 2018-23571 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54318 2018-23544 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Economic Value of Non-Consumptive Recreation Use from Those Accessing the Monterey Bay National Marine Sanctuary via For Hire Operation Boats, 54317-54318 2018-23545 Economic Value of the Reduction in the Risk of Whale Strikes in the Channel Islands National Marine Sanctuary, 54316-54317 2018-23546 Meetings:

Mid-Atlantic Fishery Management Council, 54316 2018-23557 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54377-54378 2018-23561 Membership of Senior Executive Service Performance Review Board, 54376-54377 2018-23589 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54333 2018-23572 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, 54382-54383 2018-23493 Environmental Assessments; Availability, etc.: Water Remediation Technology, LLC, 54378-54380 2018-23509 Training and Experience Requirements for Different Categories of Radiopharmaceuticals, 54380-54382 2018-23521 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Websites Customer Satisfaction Surveys, 54319 2018-23553 Meetings: National Medal of Technology and Innovation Nomination Evaluation Committee, 54318-54319 2018-23609 Motion to Amend Practice and Procedures in Trial Proceedings under the America Invents Act before the Patent Trial and Appeal Board, 54319-54326 2018-23187 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Partitions of Eligible Multiemployer Plans, 54383-54384 2018-23498 Personnel Personnel Management Office PROPOSED RULES Examining System, 54266-54268 2018-23340 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

United Nations Day (Proc. 9810), 54509-54512 2018-23776 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54312-54313 2018-23499 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 54411-54412 2018-23658 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 54395-54400 2018-23508 Nasdaq BX, Inc., 54401-54411 2018-23505 NYSE Arca, Inc., 54384-54385 2018-23507 The Options Clearing Corp., 54385-54395 2018-23506 Small Business Small Business Administration NOTICES Major Disaster Declarations:

Florida, 54412 2018-23501 Kansas, 54412-54413 2018-23496 North Carolina, 54412 2018-23497 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: JADE Act Questionnaire, 54413 2018-23520 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Pipeline Operator Security Information, 54368-54369 2018-23593 Security Programs for Foreign Air Carriers, 54369 2018-23594 Meetings: Aviation Security Advisory Committee, 54367-54368 2018-23595 Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54415-54418 2018-23515 Veteran Affairs Veterans Affairs Department RULES Schedule for Rating Disabilities:

The Hematologic and Lymphatic Systems, 54250-54259 2018-23517 NOTICES Requests for Nominations: Veterans' Advisory Committee on Rehabilitation, 54418 2018-23503 Workers' Workers Compensation Programs Office NOTICES Meetings: Advisory Board on Toxic Substances and Worker Health, 54374-54375 2018-23516 Separate Parts In This Issue Part II Health and Human Services Department, 54420-54477 2018-23183 Labor Department, Employee Benefits Security Administration, 54420-54477 2018-23183 Treasury Department, Internal Revenue Service, 54420-54477 2018-23183 Part III Transportation Department, Federal Highway Administration, 54480-54508 2018-23286 Transportation Department, Federal Railroad Administration, 54480-54508 2018-23286 Transportation Department, Federal Transit Administration, 54480-54508 2018-23286 Part IV Presidential Documents, 54509-54512 2018-23776 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. 83 209 Monday, October 29, 2018 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1206; Product Identifier 2017-NE-42-AD; Amendment 39-19479; AD 2018-22-06] RIN 2120-AA64 Airworthiness Directives;

Pratt & Whitney Turbofan Engines AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for all Pratt & Whitney

(PW)PW2037, PW2037M, and PW2040 turbofan engines. This AD was prompted by an uncommanded high thrust event that occurred during approach on January 16, 2016, and during landing on April 6, 2016. This AD requires removal of the metering valve pilot valve

(MVPV)within certain fuel control units

(FCUs)and the MVPV's replacement with a part eligible for installation. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 3, 2018. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 3, 2018. ADDRESSES: For service information identified in this final rule, contact Pratt & Whitney Division, 400 Main St., East Hartford, CT 06118; phone: 800-565-0140; fax: 860-565-5442. You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759. It is also available on the internet at *http://www.regulations.gov* by searching for and locating Docket No. FAA-2017-1206. 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-2017-1206; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647-5527) is 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 FURTHER INFORMATION CONTACT: Kevin M. Clark, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7088; fax: 781-238-7199; email: *Kevin.M.Clark@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 all PW PW2037, PW2037M, and PW2040 turbofan engines. The NPRM published in the **Federal Register** on April 11, 2018 (83 FR 15519). The NPRM was prompted by reports of an uncommanded high thrust event that occurred during approach on January 16, 2016, and during landing on April 6, 2016, due to loosening of the MVPV end cap. These uncommanded events were associated with improper maintenance on the MVPV within certain FCUs. The NPRM proposed to require removal of the MVPV for certain FCUs. We are issuing this AD to address the unsafe condition on these products. Comments We gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA's response to each comment. Request To Disallow Repairs PW and the Boeing Company (Boeing) requested that we remove the allowance in this AD for the repair of the MVPV. The commenters noted that repairs cannot preclude damage to the valve, which could lead to future Loss of Thrust Control

(LOTC)events. We disagree because the repairs allowed by this AD will have a tamper proof feature to secure the end plugs. This feature will preclude the end plug from loosening in service. We did not change this AD. Request To Increase Number of Affected Engines PW requested that we revise the number of affected engines in costs of compliance section of this AD from 212 to 253. PW noted that there are 253 FCU serial numbers listed in Table 1 of PW Alert Service Bulletin

(ASB)PW2000 A73-172, dated October 16, 2017. We disagree. Although Table 1 lists 253 affected engines, our cost estimate refers to engines installed on U.S. registered airplanes. Our estimate of this number is 212 engines. We did not change this AD. Request To Increase Cost Estimate for Parts PW and Delta Air Lines (Delta) requested that we change the estimated parts cost to $25,482 per engine. The commenters indicated that $25,482 is the cost of a new MVPV. We partially agree. We revised the Costs of Compliance section of this AD to estimate $25,482 as the cost of a new MVPV. We expect, however, that certain operators will have the MVPV repaired, so we are also are also including an estimate for the cost of a repaired part. Request To Allow Any Repair to MVPV Delta requested that we allow any FAA-approved repair to the MVPV for compliance with this AD. Delta explained that the PW MVPV does not have a tamper proof feature so the repair should not require it. We disagree. The tamper proof feature on the end plugs ensures that the repair includes tightened end plugs and prevents future tampering or loosening during regular maintenance. The manufacturer's design does not have this tamper proof feature because no loose end plugs were found on original manufacturer parts. We did not change this AD. Request To Explain Tamper Proof Feature on MVPV Delta, United Airlines, and MTU Maintenance Hannover GmbH

(MTU)requested that we explain the “tamper proof feature” on the end plug or reference a specific repair. The commenters explained that this feature can be confusing to operators who are not familiar with the history of repairs on this part. For example, Delta commented that this language could be understood to refer to valves repaired per a process that retains the end plugs using epoxy alone as being sufficient. We partially agree. We agree that operators without experience with this feature may be confused. We expanded the definition of a part eligible for installation to clarify the meaning of a “tamper proof feature.” We disagree with referencing a specific repair because we don't want to preclude future repairs that may be developed. Request To Reference UTC Aerospace Systems Service Bulletin

(SB)Delta requested that we reference the UTC Aerospace Systems SB JFC104-1-73-58 in addition to PW ASB PW2000 A73-172, dated October 16, 2017, in this AD. Delta noted that additional instructions for replacement of the MVPV are in the UTC Aerospace Systems SB. We disagree because the reference in this AD to the PW ASB PW2000 A73-172, dated October 16, 2017, is only to include the FCU Serial Number List. We did not change this AD. Request To Revise Table Reference Delta and MTU requested that we change a reference to “Table 1” in this AD. The commenters noted that PW ASB PW2000 A73-172, dated October 16, 2017, does not refer to the list of FCU serial numbers as “Table 1.” We agree. Although the PW ASB references “Table 1” in several places, the list of FCU serial numbers is not clearly labeled in the ASB as “Table 1.” We revised the reference to “Table 1” in the Applicability section of this AD to “FCU Serial Number List” to better match the service information.” Request To Revise Reference to “Overhaul” Delta and MTU requested that we change the reference in this AD to “FCU overhaul.” The commenters indicated that this term is not standard wording. We agree because the term “overhaul” can be confused with other types of maintenance. We changed the reference in this AD from “FCU Overhaul” to “FCU shop visit” to better match standard wording used in ADs. Request To Revise Part Eligible for Installation Delta and Fedex Express requested that we clarify the definition of a part eligible for installation from a “zero time MVPV.” Delta noted that there is no specification whether this refers to total time since manufacture or total time since completion of a certain level of maintenance. Fedex Express suggested we use the term “zero time from new MVPV.” We agree. We revised this AD to clarify that the definition of a part eligible for installation refers to a “zero time since new MVPV” to add clarity. Request To Add Marking Requirement Delta and MTU requested that we add a requirement in this AD to mark the data plate of any FCU to show it has complied with this AD. The commenters indicated that this would assist with tracking because there is no physical way to tell if operators have complied with the AD. We disagree. It is up to the operators how to record compliance with this AD. We do not want to dictate only one method of recording compliance. Request To Revise Installation Prohibition PW requested that we revise the installation prohibition in this AD to allow any MVPV that is eligible for installation to be installed. PW indicated that the language in the NPRM implies that only repaired MVPVs can be installed. We disagree because if the MVPV is one of the suspect units being removed from the FCU by the AD, then it is not a zero time since new MVPV. An MVPV that is removed per the requirements of this AD must be repaired with a tamper proof feature on the end plugs before it can be reinstalled. The installation prohibition paragraph does not prevent operators from installing a zero time since new MVPV. Request To Clarify Compliance Time MTU requested that we clarify the compliance time in this AD as no compliance time is stated. We disagree because the compliance time is at the next FCU shop visit after the effective date of this AD, which is stated in the required action paragraph. We did not change this AD. Request To Reinstall a Part After Inspection MTU asked to be allowed to reinstall a part after it has been inspected but not repaired. We disagree because the FCU's listed in the applicability cannot be inspected for a loose end plug without damaging the epoxy or end plugs. Once the end plug or epoxy is damaged, it must be replaced with a new MVPV or repaired properly with a tamper proof feature on the end plugs. We did not change this AD. Support for This AD The Air Line Pilots Association expressed support for this AD as written. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule. Related Service Information Under 1 CFR Part 51 We reviewed PW ASB PW2000 A73-172, dated October 16, 2017. The ASB provides a list of affected FCUs. 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. Costs of Compliance We estimate that this AD affects 212 engines installed on airplanes of U.S. registry. We are estimating that the MVPV will be replaced with a new part on 106 engines and replaced with a repaired part on the remaining 106 engines. 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 Replace MVPV with repaired part $0 $6,490 $6,490 $687,940 Replace MVPV with new part 0 25,482 25,482 2,701,092 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. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to engines, propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation Division. 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, 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 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): **2018-22-06 Pratt & Whitney:** Amendment 39-19479; Docket No. FAA-2017-1206; Product Identifier 2017-NE-42-AD.

(a)Effective Date This AD is effective December 3, 2018.

(b)Affected ADs None.

(c)Applicability This AD applies to all Pratt & Whitney

(PW)PW2037, PW2037M, and PW2040 turbofan engines with JFC104-1 fuel control units

(FCUs)with serial numbers listed in the Accomplishment Instructions, FCU Serial Number List, of PW Alert Service Bulletin PW2000 A73-172, dated October 16, 2017.

(d)Subject Joint Aircraft System Component

(JASC)Code 7321, Fuel Control/Turbine Engines.

(e)Unsafe Condition This AD was prompted by an uncommanded high thrust event that occurred during approach on January 16, 2016, and during landing on April 6, 2016. We are issuing this AD to prevent failure of the metering valve pilot valve

(MVPV)end cap to remain taut, causing uncommanded higher fuel flow to the engine. The unsafe condition, if not addressed, could result in failure of the FCU, loss of engine thrust control and reduced control of the airplane.

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

(g)Required Actions Remove from service the MVPV from the FCU at the next FCU shop visit after the effective date of the AD and replace the MVPV with a part eligible for installation.

(h)Definitions

(1)For the purpose of this AD, an FCU shop visit is defined as the removal of the FCU from the engine and induction of the FCU into a FCU shop that can perform these procedures regardless of the scheduled maintenance action or the reason for the FCU removal.

(2)For the purpose of this AD, a part eligible for installation is one of the following:

(i)A zero time since new MVPV, or

(ii)An MVPV repaired by a method approved by FAA that includes an end plug with tamper proof features. A tamper proof feature is a feature that goes beyond the original equipment manufacturer design of only using epoxy retention and threads to prevent end cap maintenance tampering and loosening.

(i)Installation Prohibition After the effective date of this AD, do not install any MVPV removed in accordance with paragraph

(g)unless it meets the definition of a part eligible for installation per paragraph (h)(2) of this AD.

(j)Alternative Methods of Compliance (AMOCs)

(1)The Manager, ECO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph

(l)of this AD. You may email your request to: *ANE-AD-AMOC@faa.gov.*

(2)Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

(k)Related Information For more information about this AD, contact Kevin M. Clark, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7088; fax: 781-238-7199; email: *Kevin.M.Clark@faa.gov.*

(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)Pratt & Whitney

(PW)Alert Service Bulletin PW2000 A73-172, dated October 16, 2017.

(ii)[Reserved]

(3)For PW service information identified in this AD, contact Pratt & Whitney Division, 400 Main St., East Hartford, CT 06118; phone: 800-565-0140; fax: 860-565-5442.

(4)You may view this service information at FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759.

(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 Burlington, Massachusetts, on October 23, 2018. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service. [FR Doc. 2018-23526 Filed 10-26-18; 8:45 am]

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