Airworthiness Directives; Mitsubishi Heavy Industries, Ltd. Airplanes, 63725-63728 [2016-22182]
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Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0178,
‘‘Vegetable and Specialty Crops.’’ No
changes in those requirements as a
result of this action are necessary.
Should any changes become necessary,
they would be submitted to OMB for
approval.
This proposed rule would not impose
any additional reporting or
recordkeeping requirements on either
large or small raisin handlers or on
raisin importers. As with all Federal
marketing order programs, reports and
forms are periodically reviewed to
reduce information requirements and
duplication by industry and public
sector agencies. In addition, USDA has
not identified any relevant Federal rules
that duplicate, overlap or conflict with
this proposal.
Further, the Committee’s meetings
were widely publicized throughout the
California raisin industry and all
interested persons were invited to
attend the meetings and encouraged to
participate in Committee deliberations
on all issues. Like all Committee
meetings, the June 26, 2014, and August
14, 2014, meetings were public meetings
and all entities, both large and small,
were encouraged to express their views
on this issue. Finally, interested persons
are invited to submit comments on this
proposed rule, including the regulatory
and informational impacts of this action
on small businesses.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously-mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposal. Thirty days is deemed
appropriate because: (1) This proposed
rule should be implemented as soon as
possible since the standards have
already been amended; (2) the
Committee discussed this change at two
public meetings, and unanimously
recommended it; and (3) the proposed
change is insignificant and should not
impact handlers or importers. All
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written comments received during the
comment period will be considered
before a final determination is made on
this matter.
List of Subjects
7 CFR Part 989
Grape, Marketing agreements, Raisins,
Reporting and recordkeeping
requirements.
7 CFR Part 999
Dates, Filberts, Food grades and
standards, Imports, Nuts, Prunes,
Raisins, Reporting and recordkeeping
requirements, Walnuts.
For the reasons set forth in the
preamble, 7 CFR parts 989 and 999 are
proposed to be amended as follows:
PART 989—RAISINS PRODUCED
FROM GRAPES GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 989 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
§ 989.702 Minimum grade standards for
packed raisins.
2. Paragraph (a) of § 989.702 is
amended by removing the word
‘‘midget.’’
■
PART 999—SPECIALTY CROPS;
IMPORT REGULATIONS
3. The authority citation for 7 CFR
part 999 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
4. Paragraph (b)(1) of § 999.300 is
amended by removing the word
‘‘midget.’’
■
Dated: September 12, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2016–22270 Filed 9–15–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–9139; Directorate
Identifier 2016–CE–023–AD]
RIN 2120–AA64
Airworthiness Directives; Mitsubishi
Heavy Industries, Ltd. Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
AGENCY:
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Notice of proposed rulemaking
(NPRM).
ACTION:
We propose to adopt a new
airworthiness directive (AD) for certain
Mitsubishi Heavy Industries, Ltd.
Models MU–2B–10, MU–2B–15, MU–
2B–20, MU–2B–25, MU–2B–26, MU–
2B–26A, MU–2B–30, MU–2B–35, MU–
2B–36, MU–2B–36A, MU–2B–40, and
MU–2B–60 airplanes. This proposed AD
results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as reports of cracks found in
the wing spacer plates. We are issuing
this proposed AD to require actions to
detect and correct cracks in the wing
spacer plates, which could result in
reduced structural integrity of the wings
and loss of control.
DATES: We must receive comments on
this proposed AD by October 31, 2016.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in
this proposed AD, contact Mitsubishi
Heavy Industries America, Inc., c/o
Turbine Aircraft Services, Inc., 4550
Jimmy Doolittle Drive, Addison, Texas
75001; telephone: (972) 248–3108, ext.
209; fax: (972) 248–3321; Internet:
https://mu-2aircraft.com. You may
review this referenced service
information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the
availability of this material at the FAA,
call (816) 329–4148.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9139; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
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regulatory evaluation, any comments
received, and other information. The
street address for the Docket 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:
Andrew McAnaul, Aerospace Engineer,
FAA, ASW–143 (c/o San Antonio
MIDO), 10100 Reunion Place, Suite 650,
San Antonio, Texas 78216; phone: (210)
308–3365; fax: (210) 308–3370; email:
andrew.mcanaul@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2016–9139; Directorate Identifier
2016–CE–023–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
regulations.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Lhorne on DSK30JT082PROD with PROPOSALS
Discussion
The Japan Civil Aviation Bureau
(JCAB), which is the aviation authority
for Japan, has issued AD No. TCD–
8783–2016, dated June 28, 2016
(referred to after this as ‘‘the MCAI’’), to
correct an unsafe condition for certain
Mitsubishi Heavy Industries, Ltd. (MHI)
Models MU–2B–20, MU–2B–25, MU–
2B–26, MU–2B–30, MU–2B–35, and
MU–2B–36, airplanes. You may
examine the MCAI on the Internet at
https://www.regulations.gov by searching
for and locating it in Docket No. FAA–
2016–9139.
As part of the MHI MU–2B aging
aircraft program, one-piece and threepiece main wings were subjected to
detailed teardown inspections, and
cracks were found in the wing spacer
plates attached to the forward lower
spar area at wing station 580. It was
determined that the cracks resulted from
fatigue caused by flight loads.
Japan is the State of Design for MHI
Models MU–2B–20, MU–2B–25, MU–
2B–26, MU–2B–30, MU–2B–35, and
MU–2B–36 airplanes, which the MCAI
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AD applies to, and the United States is
the State of Design for MHI Models MU–
2B–26A, MU–2B–36A, MU–2B–40, and
MU–2B–60 airplanes.
Related Service Information Under 1
CFR Part 51
Mitsubishi Heavy Industries, Ltd. has
issued MU–2 Service Bulletin No. 245,
dated April 21, 2016, and MU–2 Service
Bulletin No. 107/57–005, dated May 3,
2016. These service bulletins describe
procedures for doing a fluorescent
penetrant inspection of the wing spacer
plates for cracks and replacing cracked
wing spacer plates with an improved
part. 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 of this NPRM.
FAA’s Determination and Requirements
of This Proposed AD
The Models MU–2B–20, MU–2B–25,
MU–2B–26, MU–2B–30, MU–2B–35,
and MU–2B–36 airplanes have been
approved by the aviation authority of
another country, and are approved for
operation in the United States. Pursuant
to our bilateral agreement with this
State of Design Authority, they have
notified us of the unsafe condition
described in the MCAI and service
information referenced above. We are
proposing this AD because we evaluated
all information and determined the
unsafe condition exists and is likely to
exist or develop on other products of the
same type design.
The procedures described in this
proposed AD meet the FAA’s
expectations for flight with known
cracks described in Chapter 6 in FAA
Advisory Circular (AC) 23–13A Fatigue,
Fail-Safe and Damage Tolerance
Evaluation of Metallic Structure for
Normal, Utility, Acrobatic, and
Commuter Category Airplanes.
In addition, we are including the
Models MU–2B–26A, MU–2B–36A,
MU–2B–40, and MU–2B–60 airplanes
for which the United States is the State
of Design and the unsafe condition
exists and is likely to exist or develop
in other products of the same type
design.
The Models MU–2B–10 and MU–2B–
15 are not included in Japan Civil
Aviation Bureau (JCAB) AD No. TCD–
8783–2016, dated June 28, 2016, or any
of the service bulletins referenced in
this proposed AD. The FAA does not
believe there are any of these airplanes
currently in operation, but are including
them as a part of this proposed AD.
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Costs of Compliance
We estimate that this proposed AD
will affect 209 products of U.S. registry.
We also estimate that it would take
about 8 work-hours per product to
comply with the fluorescent penetrant
inspection requirement of this proposed
AD. The average labor rate is $85 per
work-hour.
Based on these figures, we estimate
the cost of the fluorescent penetrant
inspection requirement of this proposed
AD on U.S. operators to be $142,120, or
$680 per product.
In addition, we estimate the following
to do any necessary follow-on actions:
It would take about 200 work-hours
and require parts costing $500, for a cost
of $17,500, per product to replace a
cracked wing spacer plate on one side
of the airplane.
It would take about 250 work-hours
and require parts costing $1,000, for a
cost of $22,250, per product to replace
a cracked wing spacer plate on both
sides of the airplane.
We have no way of determining the
number of products that may need this
action.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would 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 this proposed regulation:
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(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.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
Mitsubishi Heavy Industries, Ltd.: Docket
No. FAA–2016–9139; Directorate
Identifier 2016–CE–023–AD.
(a) Comments Due Date
We must receive comments by October 31,
2016.
Lhorne on DSK30JT082PROD with PROPOSALS
(b) Affected ADs
None.
(c) Applicability
This AD applies to the following
Mitsubishi Heavy Industries, Ltd. (MHI)
models airplanes that are certificated in any
category:
(1) MU–2B–10 and MU–2B–15: Serial
Numbers (S/Ns) 101 and 103 through 120.
Note 1 to paragraph (c)(1) of this AD: The
Models MU–2B–10 and MU–2B–15 are not
included in Japan Civil Aviation Bureau
(JCAB) AD No. TCD–8783–2016, dated June
28, 2016, or any of the service bulletins
referenced in this AD. The FAA does not
believe there are any of these airplanes
currently in operation, but are including
them as a part of this AD.
(2) MU–2B–20, MU–2B–25, and MU–2B–
26: S/Ns 102 and 121 through 347, except
313 and 321;
(3) MU–2B–25, MU–2B–26, MU–2B–26A,
and MU–2B–40: S/Ns 313SA, 321SA, and
348SA through 459SA;
(4) MU–2B–30, MU–2B–35, and MU–2B–
36: S/Ns 502 through 696, except 652 and
661; and
(5) MU–2B–36A and MU–2B–60 airplanes:
S/Ns 661SA, and 697SA through 1569SA.
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(d) Subject
Air Transport Association of America
(ATA) Code 57: Wings.
(e) Reason
This AD was prompted by mandatory
continuing airworthiness information (MCAI)
originated by an aviation authority of another
country to identify and correct an unsafe
condition on an aviation product. The MCAI
describes the unsafe condition as reports of
cracks found in the wing spacer plates. We
are issuing this AD to detect and correct
cracks in the wing spacer plates, which could
result in reduced structural integrity of the
wings and loss of control.
(f) Compliance
Comply with paragraphs (g)(1) through (3)
of this AD using the following service
bulletins within the compliance times
specified below, unless already done. The
Models MU–2B–10 and MU–2B–15 currently
do not have service bulletins associated with
them. The FAA does not believe any of these
airplanes are currently in operation. If they
do become operational, an alternative
method of compliance must be obtained to
comply with this AD.
(1) For Models MU–2B–20, MU–2B–25,
and MU–2B–26: S/Ns 102 and 121 through
347, except 313 and 321, and MU–2B–30,
MU–2B–35, and MU–2B–36: S/Ns 502
through 696, except 652 and 661: Use
Mitsubishi Heavy Industries, Ltd. (MHI) MU–
2 Service Bulletin No. 245, dated April 21,
2016.
(2) Models MU–2B–25, MU–2B–26, MU–
2B–26A, and MU–2B–40: S/Ns 313SA,
321SA, and 348SA through 459SA, and MU–
2B–36A and MU–2B–60 airplanes: S/Ns
661SA, and 697SA through 1569SA: Use
MHI MU–2 Service Bulletin No. 107/57–005,
dated May 3, 2016.
(g) Actions
(1) Do an initial fluorescent penetrant
inspection of the wing spacer plates at
whichever of the following compliance times
that occurs later, and repetitively inspect
thereafter at intervals not to exceed 2,000
hours time-in-service (TIS). Do the
inspections following the Instructions section
of the service bulletins identified in
paragraph (f) of this AD, including all
subparagraphs, as applicable.
(i) At or before accumulating 7,500 hours
TIS; or
(ii) Within the next 200 hours TIS after the
effective date of this AD or within the next
12 months after the effective date of this AD,
whichever occurs first.
(2) During any inspection required in
paragraph (g)(1) of this AD, including all
subparagraphs, if any crack is found that is
0.6-inch or more in length, before further
flight after the inspection in which the crack
is found, replace the cracked wing spacer
plate with an improved wing spacer plate,
part number (P/N) 017A–11102–13 or 017A–
11102–14. Do the replacement following the
Instructions section of the service bulletins
identified in paragraph (f) of this AD,
including all subparagraphs, as applicable.
Installing the improved wing spacer plates
terminates the repetitive inspections required
in paragraph (g)(1) of this AD.
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(3) During any inspection required in
paragraph (g)(1) of this AD, including all
subparagraphs, if any crack is found that is
less than 0.6-inch in length, repetitively
fluorescent penetrant inspect for crack
growth every 600 hours TIS after the
inspection in which the crack was found. Do
the inspections following the Instructions
section of the service bulletins identified in
paragraph (f) of this AD, including all
subparagraphs, as applicable. If it is found
during any required inspection that the crack
has grown to0.6-inch in length or more,
before further flight, replace the wing spacer
plate as specified in paragraph (g)(2) of this
AD.
(4) Installing improved wing spacer plates,
part number (P/N) 017A–11102–13 or 017A–
11102–14, terminates the repetitive
inspections required in paragraph (g)(1) of
this AD. You may install the improved wing
spacer plates at any time to terminate the
repetitive inspection requirement of this AD.
(h) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Andrew McAnaul, Aerospace
Engineer, FAA, ASW–143 (c/o San Antonio
MIDO), 10100 Reunion Place, Suite 650, San
Antonio, Texas 78216; phone: (210) 308–
3365; fax: (210) 308–3370; email:
andrew.mcanaul@faa.gov. Before using any
approved AMOC on any airplane to which
the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking
a PI, your local FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(i) Related Information
Refer to MCAI JCAB AD No. TCD–8783–
2016, dated June 28, 2016, for related
information. You may examine the MCAI on
the Internet at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2016–9139. For service information related to
this AD, contact Mitsubishi Heavy Industries
America, Inc., c/o Turbine Aircraft Services,
Inc., 4550 Jimmy Doolittle Drive, Addison,
Texas 75001; telephone: (972) 248–3108, ext.
209; fax: (972) 248–3321; Internet: https://mu2aircraft.com. Youmay review this
referenced service information at the FAA,
Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information
on the availability of this material at the
FAA, call (816) 329–4148.
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Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules
Issued in Kansas City, Missouri, on
September 8, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
Dated: September 13, 2016.
Dennis M. Keefe,
Director, Office of Food Additive Safety,
Center for Food Safety and Applied Nutrition.
[FR Doc. 2016–22182 Filed 9–15–16; 8:45 am]
BILLING CODE 4164–01–P
[FR Doc. 2016–22289 Filed 9–15–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Coast Guard
Food and Drug Administration
33 CFR Part 165
21 CFR Part 73
[Docket Number USCG–2016–0327]
RIN 1625–AA87
[Docket No. FDA–2016–C–2570]
McCormick & Company, Inc.; Filing of
Color Additive Petition
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of petition.
The color additive petition was
filed on August 24, 2016.
FOR FURTHER INFORMATION CONTACT:
Celeste Johnston, Center for Food Safety
and Applied Nutrition (HFS–265), Food
and Drug Administration, 5001 Campus
Dr., College Park, MD 20740–3835, 240–
402–1282.
SUPPLEMENTARY INFORMATION: Under
section 721(d)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C.
379e(d)(1)), we are giving notice that we
have filed a color additive petition (CAP
6C0306), submitted by McCormick &
Company, Inc., c/o Exponent, 1150
Connecticut Ave. NW., Suite 1100,
Washington, DC 20036. The petition
proposes to amend the color additive
regulations in § 73.530 (21 CFR 73.530)
Spirulina extract to provide for the safe
use of spirulina extract prepared by a
water extraction and filtration of the
dried biomass of Arthrospira platensis
to color shell eggs.
We have determined under 21 CFR
25.32(r) that this action is of a type that
does not individually or cumulatively
have a significant effect on the human
environment. Therefore, neither an
environmental assessment nor an
environmental impact statement is
required.
DATES:
13:06 Sep 15, 2016
The Coast Guard proposes to
update and modify security zones in the
Port of Palm Beach, Port Everglades,
Port of Miami, and the Port of Key West,
Florida. The revisions create a new
section for the Sector Key West security
zones that previously were annotated as
belonging to Sector Miami; clarify when
the Port Everglades fixed security zones
will be in effect; modify and lengthen a
portion of the Port Everglades fixed
security zone; and update language and
definitions throughout the regulation.
The proposed amendments are largely
administrative in nature, but the
clarification of terms and geographic
application of security zones between
Sector Key West and Sector Miami ports
will allow for more effective
implementation of these regulations to
protect the public and ports from
potential subversive acts.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 15, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0327 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
The Food and Drug
Administration (FDA or we) is
announcing that we have filed a
petition, submitted by McCormick &
Company, Inc., proposing that the color
additive regulations be amended to
provide for the safe use of spirulina
extract to color shell eggs at levels
consistent with good manufacturing
practice.
VerDate Sep<11>2014
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY:
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Security Zones; Port of Palm Beach,
Port Everglades, Miami, and Key West,
Florida
Jkt 238001
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Ruth Sadowitz, Sector Miami
Waterways Management Division, U.S.
Coast Guard; telephone (305) 535–4307,
email Ruth.A.Sadowitz@uscg.mil; or
BMC Jason Herbert, Sector Key West
FOR FURTHER INFORMATION CONTACT:
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Waterways Management Division, U.S.
Coast Guard; telephone (305) 292–8772,
email Jason.D.Herbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On January 23, 2003, Captain of the
Port Miami published a final rule
entitled ‘‘Security Zones; Port of Palm
Beach, Port Everglades, Port of Miami,
and Port of Key West, Florida’’ in the
Federal Register (68 FR 3189) to protect
the public, ports, and waterways of the
United States against potential
subversive acts. Since the
implementation of that rule, Sector Key
West was delegated separate Captain of
the Port authority (69 FR 47168) and the
demands of commercial vessels in
Sector Miami ports call for amendments
to the standing security zone
regulations.
The purpose of these proposed
amendments is to protect the public and
Ports from potential subversive acts.
The amendments establish separate
regulatory authority for Sector Key
West, clarify when the Port Everglades
fixed security zones will be in effect,
modify and lengthen a portion of one of
the Port Everglades fixed security zones,
and update language throughout the
regulation.
The legal basis for the proposed
amendments is the Coast Guard’s
authority to establish regulated
navigation areas and other limited
access areas: 33 U.S.C. 1231; 50 U.S.C.
191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland
Security Delegation No. 0170.1.
III. Discussion of Proposed Rule
The fixed security zone from Mid-Port
to North-Port (Pier 7 to the northernmost section of the Port) including all
waters westward at Port Everglades
would be an established permanent
fixed security zone that will be in effect
at all times. Berthing from Pier 7 to
North-Port Port Everglades regularly
serves passenger vessels, vessels
carrying cargoes of particular hazards,
and vessels carrying liquefied hazardous
gas. This permanent fixed security zone,
which parallels the Intracoastal
Waterway, would not limit persons or
vessels from using the main entrance
channel (Bar Cut) or from using the
E:\FR\FM\16SEP1.SGM
16SEP1
Agencies
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Proposed Rules]
[Pages 63725-63728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22182]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9139; Directorate Identifier 2016-CE-023-AD]
RIN 2120-AA64
Airworthiness Directives; Mitsubishi Heavy Industries, Ltd.
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Mitsubishi Heavy Industries, Ltd. Models MU-2B-10, MU-2B-15,
MU-2B-20, MU-2B-25, MU-2B-26, MU-2B-26A, MU-2B-30, MU-2B-35, MU-2B-36,
MU-2B-36A, MU-2B-40, and MU-2B-60 airplanes. This proposed AD results
from mandatory continuing airworthiness information (MCAI) originated
by an aviation authority of another country to identify and correct an
unsafe condition on an aviation product. The MCAI describes the unsafe
condition as reports of cracks found in the wing spacer plates. We are
issuing this proposed AD to require actions to detect and correct
cracks in the wing spacer plates, which could result in reduced
structural integrity of the wings and loss of control.
DATES: We must receive comments on this proposed AD by October 31,
2016.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Mitsubishi Heavy Industries America, Inc., c/o Turbine Aircraft
Services, Inc., 4550 Jimmy Doolittle Drive, Addison, Texas 75001;
telephone: (972) 248-3108, ext. 209; fax: (972) 248-3321; Internet:
https://mu-2aircraft.com. You may review this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call (816) 329-4148.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9139; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the
[[Page 63726]]
regulatory evaluation, any comments received, and other information.
The street address for the Docket 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: Andrew McAnaul, Aerospace Engineer,
FAA, ASW-143 (c/o San Antonio MIDO), 10100 Reunion Place, Suite 650,
San Antonio, Texas 78216; phone: (210) 308-3365; fax: (210) 308-3370;
email: andrew.mcanaul@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9139;
Directorate Identifier 2016-CE-023-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The Japan Civil Aviation Bureau (JCAB), which is the aviation
authority for Japan, has issued AD No. TCD-8783-2016, dated June 28,
2016 (referred to after this as ``the MCAI''), to correct an unsafe
condition for certain Mitsubishi Heavy Industries, Ltd. (MHI) Models
MU-2B-20, MU-2B-25, MU-2B-26, MU-2B-30, MU-2B-35, and MU-2B-36,
airplanes. You may examine the MCAI on the Internet at https://www.regulations.gov by searching for and locating it in Docket No. FAA-
2016-9139.
As part of the MHI MU-2B aging aircraft program, one-piece and
three-piece main wings were subjected to detailed teardown inspections,
and cracks were found in the wing spacer plates attached to the forward
lower spar area at wing station 580. It was determined that the cracks
resulted from fatigue caused by flight loads.
Japan is the State of Design for MHI Models MU-2B-20, MU-2B-25, MU-
2B-26, MU-2B-30, MU-2B-35, and MU-2B-36 airplanes, which the MCAI AD
applies to, and the United States is the State of Design for MHI Models
MU-2B-26A, MU-2B-36A, MU-2B-40, and MU-2B-60 airplanes.
Related Service Information Under 1 CFR Part 51
Mitsubishi Heavy Industries, Ltd. has issued MU-2 Service Bulletin
No. 245, dated April 21, 2016, and MU-2 Service Bulletin No. 107/57-
005, dated May 3, 2016. These service bulletins describe procedures for
doing a fluorescent penetrant inspection of the wing spacer plates for
cracks and replacing cracked wing spacer plates with an improved part.
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 of this NPRM.
FAA's Determination and Requirements of This Proposed AD
The Models MU-2B-20, MU-2B-25, MU-2B-26, MU-2B-30, MU-2B-35, and
MU-2B-36 airplanes have been approved by the aviation authority of
another country, and are approved for operation in the United States.
Pursuant to our bilateral agreement with this State of Design
Authority, they have notified us of the unsafe condition described in
the MCAI and service information referenced above. We are proposing
this AD because we evaluated all information and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design.
The procedures described in this proposed AD meet the FAA's
expectations for flight with known cracks described in Chapter 6 in FAA
Advisory Circular (AC) 23-13A Fatigue, Fail-Safe and Damage Tolerance
Evaluation of Metallic Structure for Normal, Utility, Acrobatic, and
Commuter Category Airplanes.
In addition, we are including the Models MU-2B-26A, MU-2B-36A, MU-
2B-40, and MU-2B-60 airplanes for which the United States is the State
of Design and the unsafe condition exists and is likely to exist or
develop in other products of the same type design.
The Models MU-2B-10 and MU-2B-15 are not included in Japan Civil
Aviation Bureau (JCAB) AD No. TCD-8783-2016, dated June 28, 2016, or
any of the service bulletins referenced in this proposed AD. The FAA
does not believe there are any of these airplanes currently in
operation, but are including them as a part of this proposed AD.
Costs of Compliance
We estimate that this proposed AD will affect 209 products of U.S.
registry. We also estimate that it would take about 8 work-hours per
product to comply with the fluorescent penetrant inspection requirement
of this proposed AD. The average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of the fluorescent
penetrant inspection requirement of this proposed AD on U.S. operators
to be $142,120, or $680 per product.
In addition, we estimate the following to do any necessary follow-
on actions:
It would take about 200 work-hours and require parts costing $500,
for a cost of $17,500, per product to replace a cracked wing spacer
plate on one side of the airplane.
It would take about 250 work-hours and require parts costing
$1,000, for a cost of $22,250, per product to replace a cracked wing
spacer plate on both sides of the airplane.
We have no way of determining the number of products that may need
this action.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
[[Page 63727]]
(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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 AD:
Mitsubishi Heavy Industries, Ltd.: Docket No. FAA-2016-9139;
Directorate Identifier 2016-CE-023-AD.
(a) Comments Due Date
We must receive comments by October 31, 2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the following Mitsubishi Heavy Industries,
Ltd. (MHI) models airplanes that are certificated in any category:
(1) MU-2B-10 and MU-2B-15: Serial Numbers (S/Ns) 101 and 103
through 120.
Note 1 to paragraph (c)(1) of this AD: The Models MU-2B-10 and
MU-2B-15 are not included in Japan Civil Aviation Bureau (JCAB) AD
No. TCD-8783-2016, dated June 28, 2016, or any of the service
bulletins referenced in this AD. The FAA does not believe there are
any of these airplanes currently in operation, but are including
them as a part of this AD.
(2) MU-2B-20, MU-2B-25, and MU-2B-26: S/Ns 102 and 121 through
347, except 313 and 321;
(3) MU-2B-25, MU-2B-26, MU-2B-26A, and MU-2B-40: S/Ns 313SA,
321SA, and 348SA through 459SA;
(4) MU-2B-30, MU-2B-35, and MU-2B-36: S/Ns 502 through 696,
except 652 and 661; and
(5) MU-2B-36A and MU-2B-60 airplanes: S/Ns 661SA, and 697SA
through 1569SA.
(d) Subject
Air Transport Association of America (ATA) Code 57: Wings.
(e) Reason
This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as reports of
cracks found in the wing spacer plates. We are issuing this AD to
detect and correct cracks in the wing spacer plates, which could
result in reduced structural integrity of the wings and loss of
control.
(f) Compliance
Comply with paragraphs (g)(1) through (3) of this AD using the
following service bulletins within the compliance times specified
below, unless already done. The Models MU-2B-10 and MU-2B-15
currently do not have service bulletins associated with them. The
FAA does not believe any of these airplanes are currently in
operation. If they do become operational, an alternative method of
compliance must be obtained to comply with this AD.
(1) For Models MU-2B-20, MU-2B-25, and MU-2B-26: S/Ns 102 and
121 through 347, except 313 and 321, and MU-2B-30, MU-2B-35, and MU-
2B-36: S/Ns 502 through 696, except 652 and 661: Use Mitsubishi
Heavy Industries, Ltd. (MHI) MU-2 Service Bulletin No. 245, dated
April 21, 2016.
(2) Models MU-2B-25, MU-2B-26, MU-2B-26A, and MU-2B-40: S/Ns
313SA, 321SA, and 348SA through 459SA, and MU-2B-36A and MU-2B-60
airplanes: S/Ns 661SA, and 697SA through 1569SA: Use MHI MU-2
Service Bulletin No. 107/57-005, dated May 3, 2016.
(g) Actions
(1) Do an initial fluorescent penetrant inspection of the wing
spacer plates at whichever of the following compliance times that
occurs later, and repetitively inspect thereafter at intervals not
to exceed 2,000 hours time-in-service (TIS). Do the inspections
following the Instructions section of the service bulletins
identified in paragraph (f) of this AD, including all subparagraphs,
as applicable.
(i) At or before accumulating 7,500 hours TIS; or
(ii) Within the next 200 hours TIS after the effective date of
this AD or within the next 12 months after the effective date of
this AD, whichever occurs first.
(2) During any inspection required in paragraph (g)(1) of this
AD, including all subparagraphs, if any crack is found that is 0.6-
inch or more in length, before further flight after the inspection
in which the crack is found, replace the cracked wing spacer plate
with an improved wing spacer plate, part number (P/N) 017A-11102-13
or 017A-11102-14. Do the replacement following the Instructions
section of the service bulletins identified in paragraph (f) of this
AD, including all subparagraphs, as applicable. Installing the
improved wing spacer plates terminates the repetitive inspections
required in paragraph (g)(1) of this AD.
(3) During any inspection required in paragraph (g)(1) of this
AD, including all subparagraphs, if any crack is found that is less
than 0.6-inch in length, repetitively fluorescent penetrant inspect
for crack growth every 600 hours TIS after the inspection in which
the crack was found. Do the inspections following the Instructions
section of the service bulletins identified in paragraph (f) of this
AD, including all subparagraphs, as applicable. If it is found
during any required inspection that the crack has grown to0.6-inch
in length or more, before further flight, replace the wing spacer
plate as specified in paragraph (g)(2) of this AD.
(4) Installing improved wing spacer plates, part number (P/N)
017A-11102-13 or 017A-11102-14, terminates the repetitive
inspections required in paragraph (g)(1) of this AD. You may install
the improved wing spacer plates at any time to terminate the
repetitive inspection requirement of this AD.
(h) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Andrew McAnaul, Aerospace Engineer, FAA, ASW-
143 (c/o San Antonio MIDO), 10100 Reunion Place, Suite 650, San
Antonio, Texas 78216; phone: (210) 308-3365; fax: (210) 308-3370;
email: andrew.mcanaul@faa.gov. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(i) Related Information
Refer to MCAI JCAB AD No. TCD-8783-2016, dated June 28, 2016,
for related information. You may examine the MCAI on the Internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2016-9139. For service information related to this AD, contact
Mitsubishi Heavy Industries America, Inc., c/o Turbine Aircraft
Services, Inc., 4550 Jimmy Doolittle Drive, Addison, Texas 75001;
telephone: (972) 248-3108, ext. 209; fax: (972) 248-3321; Internet:
https://mu-2aircraft.com. Youmay review this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call (816) 329-4148.
[[Page 63728]]
Issued in Kansas City, Missouri, on September 8, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-22182 Filed 9-15-16; 8:45 am]
BILLING CODE 4910-13-P