83_FR_225 83 FR 223 - Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes

83 FR 223 - Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 2 (January 3, 2018)

Page Range223-229
FR Document2017-28147

We are adopting a new airworthiness directive (AD) for certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 and ATR72- 212A airplanes. This AD requires revising the airplane flight manual (AFM) to provide procedures to the flight crew for operational restrictions affecting in-flight use of the autopilot (AP) or yaw damper (YD) during dual-engine operation. This AD also provides an optional software modification, which would terminate the AFM requirement. This AD was prompted by flight test evaluations that revealed that after engine failure during AP or YD re-engagement, the YD unit commanded the rudder to return to neutral position, leading to inadequate balancing of the asymmetric power. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 2 (Wednesday, January 3, 2018)
[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Rules and Regulations]
[Pages 223-229]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28147]



[[Page 223]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1177; Product Identifier 2015-NM-195-AD; Amendment 
39-19139; AD 2017-26-08]
RIN 2120-AA64


Airworthiness Directives; ATR-GIE Avions de Transport 
R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 and ATR72-
212A airplanes. This AD requires revising the airplane flight manual 
(AFM) to provide procedures to the flight crew for operational 
restrictions affecting in-flight use of the autopilot (AP) or yaw 
damper (YD) during dual-engine operation. This AD also provides an 
optional software modification, which would terminate the AFM 
requirement. This AD was prompted by flight test evaluations that 
revealed that after engine failure during AP or YD re-engagement, the 
YD unit commanded the rudder to return to neutral position, leading to 
inadequate balancing of the asymmetric power. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD becomes effective January 18, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 18, 
2018.
    We must receive comments on this AD by February 20, 2018.

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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this final rule, contact ATR-
GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre Nadot, 
31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 
(0) 5 62 21 67 18; email aircraft.com">[email protected]aircraft.com. You 
may view this referenced service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information on 
the availability of this material at the FAA, call 425-227-1221. It is 
also available on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2017-1177.

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-
1177; 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 regulatory 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 FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, International Section, Transport Standards Branch, FAA, 1601 
Lind Avenue SW, Renton, WA 98057-3356; telephone 425-227-1112; fax 425-
227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2015-00237R1, dated December 16, 2015 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI'') to 
correct an unsafe condition for certain ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-500 and ATR72-212A airplanes. The MCAI 
states:

    During flight evaluations performed on Flight Synthetic Test 
Devices of ATR airplanes equipped with New Avionics Suite (also 
known as `Glass Cockpit'), with one Air Data Computer (ADC) or one 
Attitude and Heading Reference System (AHRS) inoperative, it was 
found that, after engine failure during autopilot (AP) or Yaw Damper 
(YD) re-engagement, the YD unit commanded the rudder to return to 
neutral position leading to inadequate balancing of the asymmetric 
power.
    Subsequent flight tests confirmed the YD unit behavior observed 
during flight simulator evaluation and identified that a software 
issue is the root cause of this system reaction.
    Additionally, it was identified that the failure of one of the 
Direct Current (DC) Generators with a concurrent shutdown of the 
opposite engine leads to loss of the AHRS#2 and ADC#2 and resulting 
in YD command the rudder into neutral position.
    This condition, if not corrected, could result in loss of 
control of the airplane.
    To address this potential unsafe condition EASA issued AD 2015-
0230 to introduce operational restrictions affecting in-flight use 
of AP and/or YD with an inoperative AHRS, or ADC and the relevant 
dispatch limitations.
    Since that [EASA] AD was issued, it was determined that 
airplanes modified in service by incorporating New Avionics Suite 
Standard 2 are not affected and that the operation of an airplane 
with combination of inoperative ADC, AHRS and DC Generator items is 
allowed. Additional investigation has resulted in prohibiting the 
use of AP or YD also in case of both engine operative, when an ADC 
or an AHRS becomes inoperative.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2015-0230, which is superseded, and 
introduces AP or YD operational restrictions applicable for dual 
engine operation.
    This [EASA] AD is considered an interim action and further 
[EASA] AD action may follow.
    This [EASA] AD is revised to specify the Reason leading to AD 
issuance.

    Required actions also include AP or YD operational restrictions 
applicable for dual engine operation. You may examine the MCAI on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2017-1177.

Related Service Information Under 1 CFR Part 51

    Avions de Transport R[eacute]gional has issued ATR Service Bulletin 
ATR42-31-0091, Revision 1, dated May 05, 2015; and ATR Service Bulletin 
ATR72-31-1092, Revision 2, dated March 31, 2015. The service 
information describes procedures for, among other things, modifying the 
software for the integrated avionics display (IAD), the core processing 
module (CPM), the switch module (SWM), and the flight warning main 
configuration file (FWMCF). These documents are distinct since they 
apply to different airplane models.
    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 and Requirements of This AD

    This product has been approved by the aviation authority of another

[[Page 224]]

country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

FAA's Determination of the Effective Date

    There are currently no domestic operators of this product. 
Therefore, we find good cause that notice and opportunity for prior 
public comment are unnecessary. In addition, for the reason(s) stated 
above, we find that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2017-1177; Product 
Identifier 2015-NM-195-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 based on 
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.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, we provide the following cost estimates to comply with this AD:
    We estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD will be $85 per product.
    In addition, we estimate that the optional modification will take 
about 3 work-hours for a cost of $255 per product.

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 transport category airplanes to 
the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2017-26-08 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-19139; Docket No. FAA-2017-1177; Product Identifier 2015-NM-195-
AD.

(a) Effective Date

    This AD becomes effective January 18, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional 
Model ATR42-500 airplanes, and Model ATR72-212A airplanes; 
certificated in any category; all manufacturer serial numbers on 
which ATR-GIE Avions de Transport R[eacute]gional Modification 5948 
(New Avionics Suite installation) has been embodied in production, 
except those airplanes identified in paragraphs (c)(1) and (c)(2) of 
this AD.
    (1) Airplanes on which ATR-GIE Avions de Transport 
R[eacute]gional Mod 6977 (New Avionics Suite Standard 2) has been 
embodied in production.
    (2) Airplanes on which ATR Service Bulletin ATR42-31-0091, or 
ATR Service Bulletin ATR72-31-1092, has been incorporated.

(d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments.

(e) Reason

    This AD was prompted by flight evaluations that revealed that 
after engine failure during autopilot (AP) or yaw damper (YD) re-
engagement, the YD unit commanded the rudder to return to neutral 
position, leading to inadequate balancing of the asymmetric power. 
We are issuing this AD to provide procedures to the flightcrew for 
operational restrictions affecting in-flight use of the autopilot 
(AP) or yaw damper (YD) during dual-engine operation.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revise the Airplane Flight Manual

    Within 30 days after the effective date of this AD, revise the 
Limitations Section of the

[[Page 225]]

applicable ATR-42 and ATR-72 airplane flight manuals (AFMs) to 
include figure 1 to paragraph (g) of this AD. Amending the AFM of an 
airplane by inserting a copy of this AD into the applicable AFM of 
that airplane is acceptable to comply with the requirements of this 
paragraph for that airplane.
[GRAPHIC] [TIFF OMITTED] TR03JA18.004

(h) Minimum Equipment List (MEL)

    (1) Within 30 days after the effective date of this AD, amend 
the operator's ATR MEL, as applicable, by incorporating the dispatch 
restrictions listed in figure 2 to paragraph (h)(1) of this AD, and 
thereafter operate the airplane accordingly.
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[GRAPHIC] [TIFF OMITTED] TR03JA18.005


[[Page 226]]


[GRAPHIC] [TIFF OMITTED] TR03JA18.006


[[Page 227]]


[GRAPHIC] [TIFF OMITTED] TR03JA18.007


[[Page 228]]


[GRAPHIC] [TIFF OMITTED] TR03JA18.008

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    (2) Amending the operator's ATR MEL, as applicable, of an 
airplane by inserting a copy of this AD, or incorporating a later 
MMEL revision which includes the same dispatch restrictions as 
specified in figure 2 to paragraph (h)(1) of this AD is acceptable 
for compliance with the requirements of paragraph (h)(1) of this AD 
for that airplane.
    (3) As of the effective date of this AD: If any of the systems 
identified in paragraph (h)(3)(i), (h)(3)(ii), and (h)(3)(iii) of 
this AD are inoperative, an airplane may be operated as specified in 
the MMEL, provided that the MEL of that airplane has been amended to 
be consistent with the MEL restrictions specified in figure 2 of 
this AD.
    (i) One of two ADCs.
    (ii) One of two AHRSs.
    (iii) One of two DC generators.

(i) Optional Software Modification

    Installation of new avionics suite standard 2 software on an 
airplane, in accordance with the Accomplishment Instructions of ATR 
Service Bulletin ATR42-31-0091, Revision 1, dated May 05, 2015, or 
ATR Service Bulletin ATR72-31-1092, Revision 2, dated March 31, 
2015, as applicable, terminates the AFM and MEL revisions required 
by paragraphs (g) and (h) of this AD, for that airplane.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(i) of this AD, if those actions were performed before the effective 
date of this AD using ATR Service Bulletin ATR42-31-0091, dated 
December 17, 2014; or ATR Service Bulletin ATR72-31-1092, dated 
October 7, 2014, or Revision 1, dated December 9, 2014, as 
applicable.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards 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 International Section, send it to the attention of 
the person identified in paragraph (l)(2) of this AD. Information 
may be emailed to: [email protected]. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or ATR-GIE Avions 
de Transport R[eacute]gional's EASA Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD

[[Page 229]]

2015-00237R1, dated December 16, 2015, for related information. You 
may examine the MCAI on the internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2017-1177.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; 
telephone 425-227-1112; fax 425-227-1149.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) 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 this AD specifies otherwise.
    (i) ATR Service Bulletin ATR42-31-0091, Revision 1, dated May 
05, 2015.
    (ii) ATR Service Bulletin ATR72-31-1092, Revision 2, dated March 
31, 2015.
    (3) For service information identified in this AD, contact ATR-
GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre 
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; 
fax +33 (0) 5 62 21 67 18; email aircraft.com">[email protected]aircraft.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (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 Renton, Washington, on December 20, 2017.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-28147 Filed 1-2-18; 8:45 am]
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                                                                                                   Vol. 83                           Wednesday,
                                                                                                   No. 225                           November 21, 2018

                                                                                                   Pages 58721–59268


                                                                                                   OFFICE OF THE FEDERAL REGISTER
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                                              II                             Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018




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                                                                                                                                                                                              III

                                                Contents                                                                             Federal Register
                                                                                                                                     Vol. 83, No. 225

                                                                                                                                     Wednesday, November 21, 2018



                                                Administrative Conference of the United States                                       Defense Department
                                                NOTICES                                                                              NOTICES
                                                Meetings:                                                                            Agency Information Collection Activities; Proposals,
                                                 Assembly of the Administrative Conference of the United                                Submissions, and Approvals, 58764–58765
                                                      States, 58755–58756                                                            Meetings:
                                                                                                                                      Board of Visitors, National Defense University, 58765
                                                Agriculture Department
                                                NOTICES
                                                Agency Information Collection Activities; Proposals,                                 Education Department
                                                   Submissions, and Approvals, 58756–58757                                           NOTICES
                                                                                                                                     Agency Information Collection Activities; Proposals,
                                                Bureau of Consumer Financial Protection                                                 Submissions, and Approvals:
                                                NOTICES                                                                               Performance Partnership Pilots Application, 58765–58766
                                                Meetings:
                                                 Community Bank Advisory Council, 58762–58763
                                                 Consumer Advisory Board Subcommittee, 58763                                         Energy Department
                                                 Credit Union Advisory Council, 58762                                                See Federal Energy Regulatory Commission
                                                                                                                                     NOTICES
                                                Centers for Medicare & Medicaid Services                                             Meetings:
                                                RULES                                                                                 Fusion Energy Sciences Advisory Committee, 58766
                                                Medicare Program:
                                                 Changes to Hospital Outpatient Prospective Payment and                              Environmental Protection Agency
                                                     Ambulatory Surgical Center Payment Systems and                                  NOTICES
                                                     Quality Reporting Programs, 58818–59179                                         Agency Information Collection Activities; Proposals,
                                                Chemical Safety and Hazard Investigation Board                                           Submissions, and Approvals:
                                                NOTICES
                                                                                                                                       Reporting Requirements for BEACH Act Grants
                                                Meetings; Sunshine Act, 58757                                                               (Renewal), 58767–58768
                                                                                                                                     Draft Human Health Toxicity Assessments for
                                                Civil Rights Commission                                                                  Hexafluoropropylene Oxide Dimer Acid and its
                                                NOTICES                                                                                  Ammonium Salt (GenX Chemicals) and for
                                                Meetings; Sunshine Act, 58757                                                            Perfluorobutane Sulfonic Acid (PFBS) and Related
                                                                                                                                         Compound Potassium Perfluorobutane Sulfonate,
                                                Coast Guard                                                                              58768–58770
                                                RULES
                                                Drawbridge Operations:
                                                                                                                                     Federal Aviation Administration
                                                  Okeechobee Waterway (Caloosahatchee River), LaBelle,
                                                                                                                                     RULES
                                                       FL, 58745
                                                                                                                                     Amendment of Class D Airspace and Establishment of Class
                                                Safety Zone:
                                                                                                                                         E Airspace:
                                                  Ohio River, Mile 28.0 to 29.2, Vanport, Pennsylvania,
                                                                                                                                       Tyndall AFB, FL, 58742–58743
                                                       58745–58747
                                                NOTICES
                                                                                                                                     Amendment of Class E Airspace; and Establishment of
                                                Agency Information Collection Activities; Proposals,                                     Class E Airspace:
                                                   Submissions, and Approvals, 58780–58781                                             Mountain City, TN; and Elizabethton, TN, 58743–58744
                                                                                                                                     Special Conditions:
                                                Commerce Department                                                                    Garmin International, Textron Aviation Inc. Model
                                                See International Trade Administration                                                     560XL; Airplane Electronic-System Security
                                                See National Oceanic and Atmospheric Administration                                        Protection From Unauthorized External Access,
                                                See Patent and Trademark Office                                                            58740–58742
                                                                                                                                       Garmin International, Textron Aviation Inc. Model
                                                Community Living Administration                                                            560XL; Airplane Electronic-System Security
                                                NOTICES                                                                                    Protection From Unauthorized Internal Access,
                                                Meetings:                                                                                  58739–58740
                                                 Administration on Intellectual and Developmental                                    NOTICES
                                                      Disabilities, Presidents Committee for People With                             Agency Information Collection Activities; Proposals,
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                                                      Intellectual Disabilities, 58775                                                    Submissions, and Approvals:
                                                                                                                                       Certification of Airports, 58810–58811
                                                Corporation for National and Community Service                                         Pilot Certification and Qualification Requirements for Air
                                                NOTICES                                                                                     Carrier Operations, 58810
                                                Agency Information Collection Activities; Proposals,                                   Report of Inspections Required by Airworthiness
                                                   Submissions, and Approvals:                                                              Directives, 58812–58813
                                                 National Service Criminal History Check Recordkeeping                               Petitions for Exemptions; Summaries:
                                                     Requirement, 58763–58764                                                          Delta Air Lines, Inc., 58811–58812


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                                                IV                     Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Contents


                                                Federal Deposit Insurance Corporation                                                See National Institutes of Health
                                                NOTICES                                                                              See Substance Abuse and Mental Health Services
                                                Meetings:                                                                                Administration
                                                 Systemic Resolution Advisory Committee, 58770–58771                                 NOTICES
                                                                                                                                     Charter Renewals:
                                                Federal Energy Regulatory Commission                                                   Advisory Committee on Blood and Tissue Safety and
                                                NOTICES                                                                                    Availability, 58777–58778
                                                Combined Filings, 58766–58767
                                                                                                                                     Homeland Security Department
                                                Federal Maritime Commission                                                          See Coast Guard
                                                NOTICES
                                                                                                                                     See U.S. Citizenship and Immigration Services
                                                Agreements Filed, 58771
                                                Complaints:
                                                  Logfret, Inc., v. Kirsha, B. V., Leendert Johanness                                Indian Affairs Bureau
                                                      Bergwerff a/k/a Hans Bergwerff, Linda Sieval, 58771                            NOTICES
                                                                                                                                     Environmental Impact Statements; Availability, etc.:
                                                Federal Railroad Administration                                                        Little River Band Trust Acquisition and Casino Project,
                                                RULES                                                                                       Township of Fruitport, Muskegon County, MI,
                                                Passenger Equipment Safety Standards; Standards for                                         58783–58784
                                                    Alternative Compliance and High-Speed Trainsets,                                   Proposed Campo Wind Energy Project, San Diego, CA,
                                                    59182–59230                                                                             58784–58785

                                                Federal Reserve System                                                               Interior Department
                                                RULES                                                                                See Fish and Wildlife Service
                                                Large Financial Institution Rating System (Regulations K                             See Indian Affairs Bureau
                                                    and LL), 58724–58739                                                             See Land Management Bureau
                                                NOTICES
                                                Agency Information Collection Activities; Proposals,
                                                   Submissions, and Approvals, 58771–58775                                           International Trade Administration
                                                Changes in Bank Control:                                                             NOTICES
                                                  Acquisitions of Shares of a Bank or Bank Holding                                   Antidumping or Countervailing Duty Investigations, Orders,
                                                     Company, 58771                                                                      or Reviews:
                                                                                                                                      Heavy Walled Rectangular Welded Carbon Steel Pipes
                                                Fish and Wildlife Service                                                                  and Tubes From the Republic of Turkey, 58757–
                                                RULES                                                                                      58758
                                                Endangered and Threatened Species:                                                   Meetings:
                                                  Endangered Species Status for the Candy Darter, 58747–                              Roundtable on Energy, Information and Communication
                                                     58754                                                                                 Technology, and Infrastructure in the Indo-Pacific
                                                PROPOSED RULES                                                                             Region, 58758–58760
                                                Endangered and Threatened Species:
                                                  Designation of Critical Habitat for the Candy Darter,                              Justice Department
                                                      59232–59268                                                                    NOTICES
                                                NOTICES                                                                              Supplemental Information Regarding Arizona Capital
                                                Habitat Conservation Plan for Seven Species in the Santa                                Counsel Mechanism, 58786–58787
                                                   Clara River Watershed; Categorical Exclusion for
                                                   Foothill Feeder Inspection and Maintenance Activities,
                                                   Los Angeles County, California, 58782–58783                                       Land Management Bureau
                                                                                                                                     NOTICES
                                                Food and Drug Administration                                                         Environmental Impact Statements; Availability, etc.:
                                                NOTICES                                                                                National Petroleum Reserve in Alaska, 58785–58786
                                                Agency Information Collection Activities; Proposals,
                                                    Submissions, and Approvals:                                                      National Endowment for the Arts
                                                  General Licensing Provisions; Requirements on Content                              NOTICES
                                                      and Format of Labeling for Human Prescription Drug                             Meetings:
                                                      and Biological Products, 58776–58777                                            Arts Advisory Panel, 58787
                                                Use of the Names of Dairy Foods in the Labeling of Plant-
                                                    Based Products; Extension of Comment Period, 58775–
                                                                                                                                     National Foundation on the Arts and the Humanities
                                                    58776
                                                                                                                                     See National Endowment for the Arts
                                                Foreign Assets Control Office
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                                                NOTICES                                                                              National Institutes of Health
                                                Blocking or Unblocking of Persons and Properties, 58813–                             NOTICES
                                                    58814                                                                            Meetings:
                                                                                                                                      Center for Scientific Review, 58779
                                                Health and Human Services Department                                                  National Heart, Lung, and Blood Institute, 58778–58779
                                                See Centers for Medicare & Medicaid Services                                          National Institute of Neurological Disorders and Stroke,
                                                See Community Living Administration                                                        58778–58779
                                                See Food and Drug Administration                                                      National Institute on Aging, 58778


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                                                                       Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Contents                                             V


                                                National Oceanic and Atmospheric Administration                                      Surface Transportation Board
                                                RULES                                                                                NOTICES
                                                Fisheries of the Exclusive Economic Zone Off Alaska:                                 Continuances in Control Exemptions:
                                                  Pacific Cod by Catcher/Processors Using Trawl Gear in                                Paul Didelius; KET, LLC, 58806–58807
                                                      the Central Regulatory Area of the Gulf of Alaska,                             Leases:
                                                      58754                                                                            CSX Transportation, Inc.; Western and Atlantic Railroad,
                                                NOTICES                                                                                    58807–58809
                                                Agency Information Collection Activities; Proposals,                                 Operation Exemptions:
                                                   Submissions, and Approvals, 58760                                                   KET, LLC; Lines of Railroad in Benton County, WA,
                                                                                                                                           58809–58810
                                                Nuclear Regulatory Commission
                                                RULES                                                                                Transportation Department
                                                Organizational Changes; Miscellaneous Corrections, 58721–                            See Federal Aviation Administration
                                                    58724                                                                            See Federal Railroad Administration
                                                NOTICES                                                                              NOTICES
                                                Memorandum of Understanding Between the U.S. Nuclear                                 Meetings:
                                                   Regulatory Commission and the Wyoming Department                                   Advisory Committee on Human Trafficking, 58813
                                                   of Environmental Quality, 58787–58788
                                                                                                                                     Treasury Department
                                                Patent and Trademark Office                                                          See Foreign Assets Control Office
                                                NOTICES
                                                Agency Information Collection Activities; Proposals,                                 U.S. Citizenship and Immigration Services
                                                   Submissions, and Approvals:                                                       NOTICES
                                                 Matters Related to First Inventor To File, 58761–58762                              Agency Information Collection Activities; Proposals,
                                                 Patent Review and Derivation Proceedings, 58761                                        Submissions, and Approvals:
                                                 Patents for Humanity Program, 58760                                                  Application for Naturalization, 58781–58782

                                                Postal Regulatory Commission                                                         Veterans Affairs Department
                                                                                                                                     NOTICES
                                                NOTICES
                                                New Postal Products, 58788–58789                                                     Meetings:
                                                                                                                                      Joint Biomedical Laboratory Research and Development
                                                                                                                                           and Clinical Science Research and Development
                                                Securities and Exchange Commission
                                                                                                                                           Services Scientific Merit Review Board, 58814–58815
                                                NOTICES
                                                Self-Regulatory Organizations; Proposed Rule Changes:
                                                  Cboe BYX Exchange, Inc., 58802–58804
                                                  Cboe BZX Exchange, Inc., 58789–58794                                               Separate Parts In This Issue
                                                  Cboe EDGA Exchange, Inc., 58795–58798
                                                  Cboe Futures Exchange, LLC, 58800–58802                                            Part II
                                                  LCH SA, 58798–58800                                                                Health and Human Services Department, Centers for
                                                  NYSE American, LLC, 58794–58795                                                        Medicare & Medicaid Services, 58818–59179

                                                Small Business Administration                                                        Part III
                                                NOTICES
                                                                                                                                     Transportation Department, Federal Railroad
                                                Agency Information Collection Activities; Proposals,                                     Administration, 59182–59230
                                                   Submissions, and Approvals, 58804–58805
                                                                                                                                     Part IV
                                                                                                                                     Interior Department, Fish and Wildlife Service, 59232–
                                                State Department                                                                          59268
                                                NOTICES
                                                Agency Information Collection Activities; Proposals,
                                                   Submissions, and Approvals:
                                                 Overseas Schools Grant Status Report, 58806                                         Reader Aids
                                                                                                                                     Consult the Reader Aids section at the end of this issue for
                                                                                                                                     phone numbers, online resources, finding aids, and notice
                                                Substance Abuse and Mental Health Services
                                                                                                                                     of recently enacted public laws.
                                                   Administration
                                                                                                                                     To subscribe to the Federal Register Table of Contents
                                                NOTICES                                                                              electronic mailing list, go to https://public.govdelivery.com/
                                                Funding Opportunities:                                                               accounts/USGPOOFR/subscriber/new, enter your e-mail
                                                  Fiscal Year 2019; Single Source Grant to the Community                             address, then follow the instructions to join, leave, or
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                                                      Anti-Drug Coalitions of America, 58779–58780                                   manage your subscription.




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                                              VI                           Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Contents

                                              CFR PARTS AFFECTED IN THIS ISSUE

                                              A cumulative list of the parts affected this month can be found in the
                                              Reader Aids section at the end of this issue.

                                              10 CFR
                                              37.....................................58721
                                              40.....................................58721
                                              70.....................................58721
                                              71.....................................58721
                                              72.....................................58721
                                              73.....................................58721
                                              76.....................................58721
                                              95.....................................58721
                                              12 CFR
                                              211...................................58724
                                              238...................................58724
                                              14 CFR
                                              25 (2 documents) ...........58739,
                                                                                     58740
                                              71 (2 documents) ...........58742,
                                                                                     58743
                                              33 CFR
                                              117...................................58745
                                              165...................................58745
                                              42 CFR
                                              416...................................58818
                                              419...................................58818
                                              49 CFR
                                              229...................................59182
                                              231...................................59182
                                              236...................................59182
                                              238...................................59182
                                              50 CFR
                                              17.....................................58747
                                              679...................................58754
                                              Proposed Rules:
                                              17.....................................59232
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                                                                                                                                                                                                58721

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 83, No. 225

                                                                                                                                                           Wednesday, November 21, 2018



                                             This section of the FEDERAL REGISTER                    the NRC’s Public Document Room (PDR)                  Nuclear Security and Incident Response
                                             contains regulatory documents having general            reference staff at 1–800–397–4209, 301–               rather than to a division director.
                                             applicability and legal effect, most of which           415–4737, or by email to pdr.resource@
                                             are keyed to and codified in the Code of                                                                      10 CFR Parts 40, 73, and 76
                                                                                                     nrc.gov.
                                             Federal Regulations, which is published under                                                                   Correct Division Title. In §§ 40.23(c),
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                       • NRC’s PDR: You may examine and
                                                                                                     purchase copies of public documents at                40.66(c), and 40.67(c) and (d), 73.26,
                                             The Code of Federal Regulations is sold by              the NRC’s PDR, Room O1–F21, One                       73.27, 73.67, and 76.5a, this final rule
                                             the Superintendent of Documents.                        White Flint North, 11555 Rockville                    corrects the title of the Division of
                                                                                                     Pike, Rockville, Maryland 20852.                      Security Policy to read as Division of
                                                                                                                                                           Physical and Cyber Security Policy.
                                                                                                     FOR FURTHER INFORMATION CONTACT: Jill
                                             NUCLEAR REGULATORY
                                                                                                     Shepherd-Vladimir, Office of Nuclear                  10 CFR Part 40
                                             COMMISSION
                                                                                                     Material Safety and Safeguards, U.S.                     Correct Designation. In
                                             10 CFR Parts 37, 40, 70, 71, 72, 73, 76,                Nuclear Regulatory Commission,                        § 40.23(b)(2)(ix), this final rule replaces
                                             and 95                                                  Washington, DC 20555–0001; telephone:                 the Division of Security Policy with the
                                                                                                     301–415–1230, email: Jill.Shepherd-                   higher level designation of the Office of
                                             [NRC–2018–0183]                                         Vladimir@nrc.gov.                                     Nuclear Security and Incident
                                             RIN 3150–AK14                                           SUPPLEMENTARY INFORMATION:                            Response.
                                                                                                                                                              Correct Telephone Number. In
                                             Miscellaneous Corrections—                              I. Introduction
                                                                                                                                                           § 40.23(d), this final rule removes the
                                             Organizational Changes                                     The NRC is amending its regulations                incorrect telephone number ‘‘(301) 415–
                                             AGENCY:  Nuclear Regulatory                             in parts 37, 40, 70, 71, 72, 73, 76, and              6828’’ and replaces it with the correct
                                             Commission.                                             95 of title 10 of the Code of Federal                 telephone number ‘‘(301) 287–3598’’ for
                                             ACTION: Final rule.
                                                                                                     Regulations (10 CFR) to make                          the Director of the Division of Physical
                                                                                                     miscellaneous corrections. These                      and Cyber Security Policy.
                                             SUMMARY:   The U.S. Nuclear Regulatory                  changes include removing an office
                                                                                                                                                           10 CFR Part 70
                                             Commission (NRC) is amending its                        from a list of office recipients, removing
                                             regulations to make miscellaneous                       an office reference, correcting an office               Correct Office Designation. In
                                             corrections. These changes include                      designation and a phone number,                       § 70.32(c)(2), (e), and (i), this final rule
                                             removing an office from a list of office                removing and correcting division titles,              replaces the Office of Nuclear Security
                                             recipients, removing an office reference,               and removing a followup reporting                     and Incident Response with the Office
                                             correcting an office designation and a                  instruction. This document is necessary               of Nuclear Material Safety and
                                             phone number, removing and correcting                   to inform the public of these non-                    Safeguards.
                                             division titles, and removing a followup                substantive amendments to the NRC’s                   10 CFR Part 72
                                             reporting instruction. This document is                 regulations.
                                             necessary to inform the public of these                                                                         Remove Division Title. In § 72.186(b),
                                                                                                     II. Summary of Changes                                this final rule removes the Division of
                                             non-substantive amendments to the
                                             NRC’s regulations.                                      10 CFR Part 37                                        Spent Fuel Management so that
                                                                                                                                                           notifications go to the Director, Office of
                                             DATES: This final rule is effective on                    Remove Office Reference. In § 37.7(a),              Nuclear Material Safety and Safeguards
                                             December 21, 2018.                                      this final rule removes the Director,                 rather than to division level
                                             ADDRESSES: Please refer to Docket ID                    Division of Security Policy, Office of                management.
                                             NRC–2018–0183 when contacting the                       Nuclear Security and Incident
                                             NRC about the availability of                           Response, from the list of recipients.                10 CFR Part 95
                                             information for this action. You may                                                                            Remove Division Title. In § 95.9(a),
                                                                                                     10 CFR Parts 37 and 40
                                             obtain publicly-available information                                                                         this final rule removes the Division of
                                             related to this action by any of the                       Remove Reporting Instruction. In                   Security Operations so that notification
                                             following methods:                                      §§ 37.81(g) and 40.64(c)(2) and (3), this             go to Office level management rather
                                                • Federal Rulemaking Website: Go to                  final rule removes the erroneous                      than division level management.
                                             http://www.regulations.gov and search                   instructions for where to submit a copy
                                             for Docket ID NRC–2018–0183. Address                    of a followup notification. These                     III. Rulemaking Procedure
                                             questions about NRC dockets to Carol                    paragraphs already point to the sections                 Under section 553(b) of the
                                             Gallagher; telephone: 301–415–3463;                     that provide the appropriate mailing                  Administrative Procedure Act (5 U.S.C.
                                             email: Carol.Gallagher@nrc.gov.                         address and addressee(s).                             553(b)), an agency may waive the
                                                • NRC’s Agencywide Documents                                                                               requirements for publication in the
                                                                                                     10 CFR Parts 37, 40, 70, 71, 72, and 73
                                             Access and Management System                                                                                  Federal Register of a notice of proposed
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                                             (ADAMS): You may obtain publicly-                         Remove Division Title. In §§ 37.77,                 rulemaking and opportunity for
                                             available documents online in the                       40.23(b)(1), 40.66(a) and (b)(5), 40.67(a),           comment if it finds, for good cause, that
                                             ADAMS Public Documents Collection at                    70.5, 70.20, 71.97, 73.4, 73.37, 73.71,               it is impracticable, unnecessary, or
                                             http://www.nrc.gov/reading-rm/                          73.72, 73.73, and 73.74, this final rule              contrary to the public interest. As
                                             adams.html. To begin the search, select                 removes the Division of Security Policy               authorized by 5 U.S.C. 553(b)(3)(B), the
                                             ‘‘Begin Web-based ADAMS Search.’’ For                   to ensure that correspondence goes                    NRC finds good cause to waive notice
                                             problems with ADAMS, please contact                     directly to the Director, Office of                   and opportunity for comment on these


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Document Created: 2018-10-26 09:27:10
Document Modified: 2018-10-26 09:27:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; request for comments.
DatesThis AD becomes effective January 18, 2018.
ContactShahram Daneshmandi, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone 425-227-1112; fax 425- 227-1149.
FR Citation83 FR 223 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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