Unknown. Final special conditions; request for comments

3,594 words·~16 min read·/register/2019/08/15/2019-17571

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--- schema: federal-register doc_type: fedreg source_file: FR-2019-08-15.xml --- 84 158 Thursday, August 15, 2019 Contents Antitrust Division Antitrust Division NOTICES Proposed Final Judgment and Competitive Impact Statement: United States, et al. v. Nexstar Media Group, Inc., et al., 41738-41757 2019-17522 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41721-41724 2019-17495 2019-17516 2019-17563 Coast Guard Coast Guard PROPOSED RULES Special Local Regulation:

Ohio River, Portsmouth, OH, 41670-41672 2019-17415 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Safety Standard for Cigarette Lighters, 41706 2019-17493 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application Package for External Reviewer Application, 41707 2019-17515 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission PROPOSED RULES Development of Nuclear Energy Technologies and Collaboration with States on Nuclear Development, Notice of Petitions for Rulemaking, 41645-41654 2019-17205 Revisions to the Office of Hearings and Appeals Procedural Regulations, 41654-41664 2019-17207 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41707-41708 2019-17496 Environmental Protection Environmental Protection Agency RULES Final Approval of State Underground Storage Tank Program Revisions, Codification and Incorporation by Reference: Montana, 41636-41643 2019-17408 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Finding of Failure to Attain and Reclassification of Denver Area for the 2008 Ozone National Ambient Air Quality Standard, 41674-41677 2019-17405 Illinois;

National Ambient Air Quality Standards Update, 41672-41674 2019-17350 Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference: Montana, 41677 2019-17407 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emission Guidelines and Compliance Times for Existing Municipal Solid Waste Landfills, 41715-41716 2019-17527 New Source Performance Standards for Industrial/Commercial/Institutional Steam Generating Units, 41711-41712 2019-17525 New Source Performance Standards/National Emissions Standards for Hazardous Air Pollutants for Wool Fiberglass Insulation Manufacturing Plants, 41716-41717 2019-17526 Official Release of EMFAC2017 Motor Vehicle Emission Factor Model for Use in the State of California, 41717-41720 2019-17476 Proposed Low-Priority Substance Designation under the Toxic Substances Control Act, 41712-41715 2019-17558 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: 328 Support Services GmbH (Type Certificate previously held by AvCraft Aerospace GmbH;

Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes, 41599-41602 2019-17504 Airbus SAS Airplanes, 41609-41611, 41623-41626 2019-17503 2019-17507 Bombardier, Inc., Airplanes, 41605-41608, 41629-41631 2019-17502 2019-17506 Engine Alliance Turbofan Engines, 41617-41621, 41632-41635 2019-17417 2019-17499 International Aero Engines AG Turbofan Engines, 41621-41623 2019-17403 Safran Aerosystems Life Jackets, 41626-41629 2019-17402 The Boeing Company Airplanes, 41602-41605, 41611-41617 2019-17501 2019-17505 2019-17508 Special Conditions:

Pilatus Aircraft Ltd. Model PC-12/47E Airplanes; Autothrust System, 41597-41599 2019-17570 Pilatus Aircraft Ltd., Model PC-12/47E Airplanes; Electronic Engine Control System Installation, 41595-41597 2019-17571 PROPOSED RULES Airworthiness Directives: Aviointeriors S.p.A. Centaurus Passenger Seats, 41664-41667 2019-17510 Federal Contract Federal Contract Compliance Programs Office PROPOSED RULES Implementing Legal Requirements Regarding the Equal Opportunity Clause's Religious Exemption, 41677-41691 2019-17472 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 41721 2019-17625 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41708-41709 2019-17524 Application: Great Lakes Hydro America, LLC, 41710-41711 2019-17532 Combined Filings, 41709-41710 2019-17531 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 41721 2019-17545 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: 12-Month Findings on Petitions to List Eight Species as Endangered or Threatened Species, 41694-41699 2019-17536 90-Day Findings for Three Species, 41691-41694 2019-17569 NOTICES Endangered and Threatened Species:

Recovery Permit Applications, 41730-41731 2019-17529 Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole Skink, Polk County, FL; Categorical Exclusion, 41731-41733 2019-17521 2019-17533 Food and Drug Food and Drug Administration NOTICES Guidance: Osteoporosis: Nonclinical Evaluation of Drugs Intended for Treatment, 41724-41726 2019-17513 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration NOTICES Meetings:

Advisory Committee on Minority Health; Correction, 41727 2019-17560 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ryan White HIV/AIDS Program Core Medical Services Waiver Application Requirements, 41726-41727 2019-17509 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection NOTICES Meetings: President's National Security Telecommunications Advisory Committee, 41730 2019-17480 Housing Housing and Urban Development Department RULES Project Approval for Single-Family Condominiums, 41846-41877 2019-17213 Interior Interior Department See Fish and Wildlife Service See National Park Service Internal Revenue Internal Revenue Service NOTICES Quarterly Publication of Individuals, who have Chosen to Expatriate, as Required by Section 6039G, 41807-41815 2019-17498 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Steel Propane Cylinders from the People's Republic of China, 41700-41701 2019-17313 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 41701-41703 2019-17540 Determination of Sales at Less than Fair Value: Steel Propane Cylinders from the People's Republic of China and Thailand, 41703-41705 2019-17312 International Trade Com International Trade Commission NOTICES Complaint: Certain Wireless Communication Devices, and Related Components Thereof, 41736-41737 2019-17564 Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof Including Generators, 41737-41738 2019-17562 Justice Department Justice Department See Antitrust Division Labor Department Labor Department See Federal Contract Compliance Programs Office See Occupational Safety and Health Administration See Workers Compensation Programs Office Legal Legal Services Corporation NOTICES LSC Grantees of Application Process for Subgranting Special Grant Funds, 41758 2019-17534 Maritime Maritime Administration NOTICES Deepwater Port License Application:

Bluewater LLC; Extension of Scoping Period, 41806-41807 2019-17483 NASA National Aeronautics and Space Administration NOTICES Centennial Challenges Space Robotics Challenge Phase 2, 41758-41759 2019-17469 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Magnuson-Stevens Act Provisions; Fisheries off West Coast States: Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 28, 41818-41844 2019-16493 NOTICES Issuance of Permits and Permit Modifications:

Marine Mammals and Endangered Species, 41705-41706 2019-17565 National Park National Park Service NOTICES Inventory Completion: Missouri Department of Natural Resources, Jefferson City, MO; Correction, 41734-41735 2019-17554 Natchez Trace Parkway, Tupelo, MS, 41733-41736 2019-17552 2019-17553 National Science National Science Foundation NOTICES Meetings: Proposal Review, 41759 2019-17520 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Revision to NUREG/BR-0006 and NUREG/BR-0007, 41644 2019-17514 NOTICES Meetings;

Sunshine Act, 41759-41760 2019-17640 Occupational Safety Health Adm Occupational Safety and Health Administration PROPOSED RULES Requests for Information: Occupational Exposure to Respirable Crystalline Silica—Specified Exposure Control Methods, 41667-41670 2019-17450 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits, 41635-41636 2019-17230 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Export Control Regulations;

Continuation of National Emergency (Notice of August 14, 2019), 41879-41881 2019-17735 Securities Securities and Exchange Commission NOTICES Application: Forum Funds, et al., 41760-41761 2019-17557 Intention to Cancel Registrations of Certain Investment Advisers Pursuant to Section 203(h) of the Investment Advisers Act, 41761 2019-17530 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 41771-41774 2019-17486 Cboe EDGX Exchange, Inc., 41779-41788 2019-17488 Cboe Exchange, Inc., 41776-41779 2019-17492 Investors Exchange, LLC, 41769-41771, 41793-41801 2019-17487 2019-17490 Nasdaq BX, Inc., 41774-41775 2019-17489 NYSE Arca, Inc., 41788-41793 2019-17491 NYSE National, Inc., 41761-41769 2019-17484 The Nasdaq Stock Market, LLC, 41775-41776 2019-17485 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

Christ: Life, Death, and Resurrection, Italian Renaissance Drawings and Prints from the British Museum, 41802 2019-17546 Undo this Last: 200 Years of John Ruskin, 41801-41802 2019-17543 Vija Celmins: To Fix the Image in Memory, 41802 2019-17539 Department of State Sanctions Actions Pursuant to Executive Order, 41802-41803 2019-17538 Meetings: International Maritime Organization's Sub-Committee on Carriage of Cargoes and Containers, 41803 2019-17544 Surface Transportation Surface Transportation Board NOTICES Change in Operator Exemption Containing Interchange Commitment:

Cleveland and Cuyahoga Railway, LLC; Cleveland Commercial Railroad Co., LLC, 41805 2019-17547 Change in Operator Exemption: Savannah and Old Fort Railroad, L.L.C.; Golden Isles Terminal Railroad, Inc., 41803-41804 2019-17550 Continuance in Control Exemption: OmniTRAX Holdings Combined, Inc. and HGS Railway Holdings, Inc.; Cleveland and Cuyahoga Railway, LLC, 41804-41805 2019-17548 Watco Holdings, Inc.; Savannah and Old Fort Railroad, L.L.C., 41805-41806 2019-17551 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration Treasury Treasury Department See Internal Revenue Service Customs U.S.

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Advisory Board on Toxic Substances and Worker Health, 41757-41758 2019-17528 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 41818-41844 2019-16493 Part III Housing and Urban Development Department, 41846-41877 2019-17213 Part IV Presidential Documents, 41879-41881 2019-17735 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. 84 158 Thursday, August 15, 2019 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. FAA-2019-0618; Special Conditions No. 23-295-SC] Special Conditions: Pilatus Aircraft Ltd., Model PC-12/47E Airplanes;

Electronic Engine Control System Installation AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued for the Pilatus Aircraft Ltd., Model PC-12/47E airplane. This airplane will have a novel or unusual design feature associated with installation of an engine that includes an electronic engine control system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature.

These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: The effective date of these special conditions is August 15, 2019. The FAA must receive your comments by September 16, 2019. ADDRESSES: Send comments identified by docket number FAA-2019-0618 using any of the following methods: □ *Federal eRegulations Portal:* Go to *http://www.regulations.gov* and follow the online instructions for sending your comments electronically. □ *Mail:* Send comments to Docket Operations, M-30, U.S.

Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001. □ *Hand Delivery of Courier:* Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, except Federal holidays. □ *Fax:* Fax comments to Docket Operations at 202-493-2251. *Privacy:* The FAA will post all comments it receives, without change, to *http://regulations.gov,* including any personal information the commenter provides.

Using the search function of the docket website, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the **Federal Register** published on April 11, 2000 (65 FR 19477-19478). *Docket:* Background documents or comments received may be read at *http://www.regulations.gov* at any time.

Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Jeff Pretz, AIR-691, Small Airplane Standards Branch, Policy & Innovation Division, Aircraft Certification Service, Federal Aviation Administration, 901 Locust, Room 301, Kansas City, MO 64106; telephone

(816)329-3239; facsimile

(816)329-4090. SUPPLEMENTARY INFORMATION: Reason for No Prior Notice and Comment Before Adoption The FAA has determined, in accordance with 5 U.S. Code §§ 553(b)(3)(B) and 553(d)(3), that notice and opportunity for prior public comment hereon are unnecessary because substantially identical special conditions have been subject to the public comment process in several prior instances such that the FAA is satisfied that new comments are unlikely. For the same reason, the FAA finds that good cause exists for making these special conditions effective upon issuance. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment. Special conditions No. Company/airplane model 23-253-SC 1 Diamond Aircraft Industries/Model DA-40NG. 23-267-SC 2 Cirrus Design Corporation/Model SF50. 23-282-SC 3 Pilatus Aircraft Ltd./Model PC-24. 23-292-SC 4 Costruzioni Aeronautiche Tecnam S.P.A./Model P2012. Comments Invited 1 *http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/1A102658468C62D386257950004D7183?OpenDocument* . 2 *https://www.govinfo.gov/app/details/FR-2015-09-23/2015-24156/summary* . 3 *https://www.govinfo.gov/app/details/FR-2017-07-17/2017-14936* . 4 *https://www.federalregister.gov/documents/2019/04/26/2019-08476/special-conditions-costruzioni-aeronautiche-tecnam-spa-model-p2012-airplane-electronic-engine* . The FAA invites interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. The FAA asks that you send two copies of written comments. The FAA will consider all comments received on or before the closing date for comments. The FAA will consider comments filed late if it is possible to do so without incurring expense or delay. The FAA may change these special conditions based on the comments received. Background On March 9, 2017, Pilatus Aircraft Ltd. (Pilatus) applied for FAA validation of its change to Type Certificate No. A78EU 5 for installation of an electronic engine control

(EEC)system—commonly referred to as a full authority digital engine control (FADEC)—in the Model PC-12/47E airplane. The Model PC-12/47E is a normal category, metallic, pressurized, low-wing, monoplane that seats nine passengers and two flightcrew. A single Pratt & Whitney PT6E-67XP 6 engine driving a five bladed variable pitch constant speed Hartzell propeller powers the airplane. The airplane has retractable tricycle landing gear, a Honeywell Primus APEX avionics suite, and a maximum takeoff weight of 10,450 pounds. 5 *See http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgMakeModel.nsf/0/019EED2BA802A848862583360061A683?OpenDocument&Highlight=a78eu* . 6 As of this special condition publishing date, engine approval is in process. The final engine model number will be updated on Type Certification Data Sheet A78EU upon engine approval completion. The Model PC-12/47E is equipped with a single Pratt & Whitney PT6E-67XP that uses an EEC system instead of a traditional mechanical control system. Although the EEC is certificated with the engine, the installation of an EEC requires evaluation due to critical environmental effects and possible effects on or by other airplane systems such as indirect effects of lightning, radio interference with other airplane electronic systems, and shared engine, airplane data, and power sources. Sections 23.1306, 23.1308, and 23.1309 contain requirements for evaluating the installation of complex systems, including electronic systems and critical environmental effects. However, the use of EECs for engines was not envisioned when § 23.1309 was published. The integral nature of these systems makes it necessary to ensure proper evaluation of the airplane functions, which may be included in the EEC, and that the installation does not degrade the EEC reliability approved under part 33 during engine type certification. Sections 23.1306(a) and 23.1308(a) apply to the EEC to ensure it remains equivalent to a mechanical only system, which is not generally susceptible to the High Intensity Radiated Fields

(HIRF)and lightning environments. In some cases, the airplane in which the engine is installed determines a higher classification than the engine controls are certificated for, requiring the EEC systems be analyzed at a higher classification. As of November 2005, EEC special conditions mandated the § 23.1309 classification for loss of EEC control as catastrophic for any airplane. This is not to imply an engine failure is classified as catastrophic, but that the EEC must provide an equivalent reliability to mechanical engine controls. In addition, §§ 23.1141(e) and 25.901(b)(2) provide the fault tolerant design requirements of turbine engine mechanical controls to the EEC and ensure adequate inspection and maintenance intervals for the EEC. Part 23 did not envision the use of full authority EECs and lacks the specific regulatory requirements necessary to provide an adequate level of safety. Therefore, special conditions are necessary. Type Certification Basis Under the provisions of 14 CFR 21.101, Pilatus must show that the Model PC-12/47E airplane, as changed, continues to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A78EU or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” In addition to the original type certification basis, the FAA has determined that the Model PC-12/47E must also comply with § 23. 905(d) as amended by amendment 23-59, § 23.1306 as amended by amendment 23-61, § 23.1308 as amended by amendment 23-57, and §§ 23.1309 and 23.1310 as amended by amendment 23-62. If the Administrator finds that the applicable airworthiness regulations in part 23 do not contain adequate or appropriate safety standards for the Model PC-12/47E airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. The FAA issues special conditions, as defined in § 11.19, under § 11.38 and they become part of the type certification basis under § 21.101. Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same novel or unusual design feature, the FAA would apply these special conditions to the other model. In addition to the applicable airworthiness regulations and special conditions, the Model PC-12/47E must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of 14 CFR part 36; and the FAA must issue a finding of regulatory adequacy under § 611 of Public Law 92-574, the “Noise Control Act of 1972.” Novel or Unusual Design Features The Model PC-12/47E airplane will incorporate the following novel or unusual design features: The installation of an EEC system, which is the generic family of electrical/electronic engine control systems to include full authority digital engine controls, supervisory controls, and derivatives of these controls. Discussion This airplane makes use of an electronic engine control system instead of a traditional mechanical control system, which is a novel design for this type of airplane. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. Mandating a structured assessment to determine potential installation issues mitigate concerns that the addition of an electronic engine control does not produce a failure condition not previously considered. Applicability These special conditions are applicable to the Model PC-12/47E airplane. Should Pilatus apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the FAA would apply these special conditions to that model as well. Conclusion This action affects only a certain novel or unusual design feature on the Model PC-12/47E airplane. It is not a rule of general applicability. List of Subjects in 14 CFR Part 23 Aircraft, Aviation safety, Signs and symbols. Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702; Pub. L. 113-53, 127 Stat. 584 (49 U.S.C. 44704) note. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Pilatus Aircraft Ltd. Model PC-12/47E airplanes. Installation of Electronic Engine Control System

(a)For electronic engine control

(EEC)system installations, it must be established that no single failure or malfunction or probable combinations of failures of EEC system components will have an effect on the system, as installed in the airplane, that causes the Loss of Power Control

(LOPC)probability of the system to exceed those allowed in part 33 certification.

(b)Electronic engine control system installations must be evaluated for environmental and atmospheric conditions, including lightning and High Intensity Radiated Fields (HIRF). The EEC system lightning and HIRF effects that result in LOPC should be considered catastrophic.

(c)The components of the installation must be constructed, arranged, and installed to ensure their continued safe operation between normal inspections or overhauls.

(d)Functions incorporated into any electronic engine control that make it part of any equipment, systems or installation whose functions are beyond that of basic engine control, and which may also introduce system failures and malfunctions, are not exempt from § 23.1309 and must be shown to meet part 23 levels of safety as derived from § 23.1309. Part 33 certification data, if applicable, may be used to show compliance with any part 23 requirements. If part 33 data is used to substantiate compliance with part 23 requirements, then the part 23 applicant must be able to provide this data for its showing of compliance. Note: The term “probable” in the context of “probable combination of failures” does not have the same meaning as used for a safety assessment process. The term “probable” in “probable combination of failures” means “foreseeable,” or those failure conditions anticipated to occur one or more times during the operational life of each airplane. Issued in Kansas City, Missouri, on August 9, 2019. Pat Mullen, Manager, Small Airplane Standards Branch, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2019-17571 Filed 8-14-19; 8:45 am]

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