18130 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Proposed Rules 

is the sum over time of the discounted 

net savings each year, which consists of 

the difference between total operating 

cost savings and increases in total 

installed costs. Critical inputs to this 

analysis include shipments projections, 

retirement rates (based on estimated 

product lifetimes), and estimates of 

changes in shipments and retirement 

rates in response to changes in product 

costs due to standards. Chapters 2 and 

10 of the preliminary TSD provide 

detail on the NIA. 

DOE consulted with interested parties 

on all of the analyses and invites further 

input on these topics. The preliminary 

analytical results are subject to revision 

following review and input from the 

public. A revised TSD will be made 

available upon issuance of a NOPR. The 

final rule will contain the final analysis 

results and be accompanied by a final 

rule TSD. 

DOE encourages those who wish to 

participate in the public meeting to 

obtain the preliminary TSD and be 

prepared to discuss its contents. 

However, public meeting participants 

need not limit their comments to the 

topics identified in the preliminary 

TSD. DOE is also interested in receiving 

information on other relevant issues that 

participants believe would affect energy 

conservation standards for this 

equipment or that DOE should address 

in the NOPR. 

DOE welcomes all interested parties, 

regardless of whether they participate in 

the public meeting, to submit comments 

and information in writing by May 16, 

2011. 

The public meeting and associated 

Webinar will be conducted in an 

informal, conference style. A court 

reporter will be present to record the 

minutes of the meeting. There shall be 

no discussion of proprietary 

information, costs, prices, market 

shares, or other commercial matters 

regulated by U.S. antitrust laws. 

After considering all comments and 

additional information it receives from 

interested parties or through further 

analyses, DOE will prepare and publish 

in the Federal Register a NOPR. The 

NOPR will include proposed energy 

conservation standards for the 

equipment covered by the rulemaking. 

Members of the public will have an 

opportunity to submit written and oral 

comments on the proposed standards. 

Issued in Washington, DC, on March 24, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–7585 Filed 3–31–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 33 

[Docket No. NE132; Notice No. 33–11–01– 

SC] 

Special Conditions: Turbomeca Arriel 

2D Turboshaft Engine 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for Turbomeca SA model 

Arriel 2D engines. The engine model 

will have a novel or unusual design 

feature which is a 30-minute power 

rating. This rating is generally intended 

to be used for hovering at increased 

power for search and rescue missions. 

The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These proposed special 

conditions contain the added safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: We must receive your comments 

by May 2, 2011. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Engine and Propeller 

Directorate, Attn: Marc Bouthillier, 

Rules Docket (ANE 111), Docket No. 

NE132, 12 New England Executive Park, 

Burlington, Massachusetts 01803 5299. 

You may deliver two copies to the 

Engine and Propeller Directorate at the 

above address. You must mark your 

comments: Docket No. NE 132, You can 

inspect comments in the Rules Docket 

weekdays, except Federal holidays, 

between 7:30 a.m. and 4 p.m. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

proposed rule contact Marc Bouthillier, 

ANE–111, Engine and Propeller 

Directorate, Aircraft Certification 

Service, 12 New England Executive 

Park, Burlington, Massachusetts 01803– 

5299; telephone (781) 238–7120; 

facsimile (781) 238–7199; e-mail 

marc.bouthillier@faa.gov. For legal 

questions concerning this proposed rule 

contact Vincent Bennett, ANE–7 Engine 

and Propeller Directorate, Aircraft 

Certification Service, 12 New England 

Executive Park, Burlington, 

Massachusetts 01803–5299; telephone 

(781) 238–7044; facsimile (781) 238– 

7055; e-mail vincent.bennett@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

about these special conditions. You can 

inspect the docket before and after the 

comment closing date. If you wish to 

review the docket in person, go to the 

address in the ADDRESSES section of this 

preamble between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We will consider all 

comments we receive by the closing 

date for comments. 

We will consider comments filed late 

if it is possible to do so without 

incurring expense or delay. We may 

change these special conditions based 

on the comments we receive. 

If you want us to let you know we 

received your comments on this 

proposal, send us a pre-addressed, 

stamped postcard on which the docket 

number appears. We will stamp the date 

on the postcard and mail it back to you. 

Background 

On August 26, 2010, Turbomeca 

applied for type certification for a new 

model Arriel 2D turboshaft engine. This 

engine consists of an axial air intake, an 

axial compressor and a centrifugal 

compressor driven by a single-stage 

turbine, a direct-flow annular 

combustion chamber, and a single-stage 

free turbine which drives a reduction 

gear assembly located at the rear end. 

The accessory gearbox, located at the 

front end, is driven by the gas generator 

turbine. 

The engine will incorporate a novel or 

unusual design feature, which is a 30- 

minute power rating. This rating was 

requested by the applicant to support 

rotorcraft search and rescue missions 

that require extensive operations at high 

power. This type of rating is generally 

associated with multi-engine 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Proposed Rules 18131 

applications and has usually been 

named an all-engine-operating (AEO) 

rating. However, this model will be 

installed on a single engine rotorcraft, 

and the rating name for the purpose of 

this special condition is now 30-minute 

power rating. The number of times this 

new rating can be used during a flight 

is not intended to be limited. 

The applicable airworthiness 

standards do not contain adequate or 

appropriate airworthiness standards to 

address this design feature. Therefore a 

special condition is necessary to apply 

additional requirements for rating 

definition, instructions for continued 

airworthiness (TCA) and endurance 

testing. The 30 minute time limit 

applies to each instance the rating is 

used, however there is no limit to the 

number of times the rating can be used 

during any one flight, and there is no 

cumulative time limitation. The ICA 

requirement is intended to address the 

unknown nature of actual rating usage 

and associated engine deterioration. The 

applicant is expected to make an 

assessment of the expected usage and 

publish ICA’s and ALS limits in 

accordance with those assumptions, 

such that engine deterioration is not 

excessive. The endurance test 

requirement of 25 hours operation at 30 

minute rating is similar to several 

special conditions issued over the past 

20 years addressing the same subject. It 

must be noted that test time required for 

the takeoff rating, may not be counted 

toward the 25 hours of operation 

required for the 30 minute rating. 

These special conditions contain the 

additional airworthiness standards 

necessary to establish a level of safety 

equivalent to the level that would result 

from compliance with the applicable 

standards of airworthiness in effect on 

the date of application. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.17(a) and 21.101(a), Turbomeca must 

show that the model Arriel 2D 

turboshafi engine meets the provisions 

of the applicable regulations in effect on 

the date of application, unless otherwise 

specified by the FAA. The current 

certification basis for engines in this 

model series varies, being either 14 CFR 

part 33, Amendment 14 or Amendment 

15. Turbomeca proposes a certification 

basis of 14 CFR part 33, Amendment 15. 

In accordance with § 21.101(b), the FAA 

concurs with the Turbomeca proposal. 

Therefore, the certification basis for the 

Turbomeca Arriel 2D will be part 33, 

effective February 1, 1965, as amended 

by Amendments 33–1 through 33–15 

inclusive. If the Administrator finds that 

the applicable airworthiness regulations 

in part 33, as amended, do not contain 

adequate or appropriate safety standards 

for the model Arriel 2D turboshaft 

engine, because of a novel or unusual 

design feature, special conditions are 

prescribed under the provisions of 

§ 21.16. 

The FAA issues special conditions, as 

defined by 14 CFR 11.19, in accordance 

with 14 CFR 11.38, which become part 

of the type certification basis in 

accordance with § 21.17(b)(2). Special 

conditions are initially applicable to the 

model for which they are issued. Should 

the type certificate for that model be 

amended later to include another 

related model that incorporates the 

same or similar novel or unusual design 

feature, or should any other model 

already included on the same type 

certificate be modified to incorporate 

the same or similar novel or unusual 

design feature, the special conditions 

would also apply to the other model. 

Novel or Unusual Design Features 

The Turbomeca model Arriel 2D 

turboshaft engine will incorporate a 

novel or unusual design feature which 

is a 30-minute power rating, for use up 

to 30 minutes at any time between the 

take-off and landing phases of a flight. 

Special conditions for a 30-minute 

rating are proposed to address this novel 

and unusual design feature. The special 

conditions are discussed below. 

Discussion 

The Turbomeca model Arriel 2D 

turboshaft engine is a free turbine 

turboshaft designed for a normal 

category, single engine helicopter. The 

helicopter manufacturer anticipates that 

for search and rescue, extended 

hovering maneuvers may require more 

than maximum continuous power for 

periods up to 30 minutes. Turbomeca 

has requested a 30-minute rating, for use 

up to 30 minutes at any time between 

the take-off and landing phases of a 

flight. Turbomeca has indicated that the 

number of times this rating can be used 

in one flight is not limited. 

Applicability 

As discussed above, these special 

conditions are applicable to the 

Turbomeca model Arriel 2D turbo shaft 

engine. If Turbomeca applies later for a 

change to the type certificate to include 

another closely related model 

incorporating the same novel or unusual 

design feature, these special conditions 

would apply to that model as well, and 

would be made part of the certification 

basis for that model. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of engine. It is not a rule of general 

applicability, and it affects only the 

applicant who applied to the FAA for 

approval of these features on the engine. 

List of Subjects in 14 CFR Part 33 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The authority citation for these 

special conditions is as follows: 

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

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for the 

Turbomeca model Arriel 2D turbo shaft 

engine. 

1. PART 1 DEFINITION. Unless 

otherwise approved by the 

Administrator and documented in the 

appropriate manuals and certification 

documents, the following definition 

applies to this special condition: ‘‘Rated 

30 Minute Power’’, means the approved 

shaft horsepower developed under static 

conditions at the specified altitude and 

temperature, and within the operating 

limitations established under part 33, 

and limited in use to periods not 

exceeding 30 minutes each. 

2. PART 33 REQUIREMENTS. 

(a) Sections 33.1 Applicability and 

33.3 General: As applicable, all 

documentation, testing and analysis 

required to comply with the part 33 

certification basis, must account for the 

30 minute rating, limits and usage. 

(b) Section 33.4, instructions for 

continued airworthiness (ICA). In 

addition to the requirements of 33.4, the 

ICA must: 

(1) Include instructions to ensure that 

in-service engine deterioration due to 

rated 30 minute power usage will not be 

excessive, meaning that all other 

approved ratings are available within 

associated limits and assumed usage, for 

successive flights; and that deterioration 

will not exceed that assumed for 

declaring a time between overhaul 

(TBO) period. 

(i) The applicant must validate the 

adequacy of the maintenance actions 

required under paragraph (b)(1) above. 

(2) Include in the airworthiness 

limitations section (ALS), any 

mandatory inspections and 

serviceability limits related to the use of 

the 30-minute rating. 

(c) Section 33.87, Endurance Test. In 

addition to the requirements of 33.87(a) 

and 33.87(b), the overall test run must 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
18132 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Proposed Rules 

include a minimum of 25 hours of 

operation at 30 minute power and 

limits, divided into periods of 30 

minutes power with alternate periods at 

maximum continuous power or less. 

(1) Modification of the § 33.87 test 

requirements to include the 25 hours of 

operation at 30 minute power rating, 

must be proposed by the Applicant and 

accepted by the FAA. Note that the test 

time required for the takeoff rating may 

not be counted toward the 25 hours of 

operation required for the 30-minute 

rating. 

Issued in Burlington, Massachusetts, on 

March 22, 2011. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–7598 Filed 3–31–11; 8:45 am] 

BILLING CODE M 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Department of The Treasury 

19 CFR Parts 4 and 24 

[Docket No. USCBP–2008–0085] 

RIN 1515–AD74 

Interest on Untimely Paid Vessel 

Repair Duties 

AGENCY: Customs and Border Protection, 

Department of Homeland Security; 

Department of the Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

amend title 19 of the Code of Federal 

Regulations (19 CFR) to provide that 

where an owner or master of a vessel 

documented under the laws of the 

United States fails to timely pay the 

duties determined to be due to Customs 

and Border Protection (CBP) that are 

associated with the purchase of 

equipment for, or repair to, the vessel 

while it is outside the United States, 

interest will accrue on the amounts 

owed to CBP and that person will be 

liable for interest. The purpose of this 

document is to ensure that title 19 of the 

CFR reflects that CBP collects interest as 

part of its inherent revenue collection 

functions in situations where an owner 

or master of a vessel fails to pay the 

vessel repair duties determined to be 

due within 30 days of CBP issuing the 

bill. 

DATES: Comments must be received on 

or before May 31, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP 2008–0085. 

• Mail: Trade and Commercial 

Regulations Branch, Regulations and 

Rulings, Office of International Trade, 

Customs and Border Protection, 799 9th 

Street, NW. (Mint Annex), Washington, 

DC 20229–1179. 

Instructions: All submissions received 

must include the agency name and 

docket number for this proposed 

rulemaking. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the proposed rulemaking process, see 

the ‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Submitted 

comments may also be inspected during 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the Trade and 

Commercial Regulations Branch, 

Regulations and Rulings, Office of 

International Trade, Customs and 

Border Protection, 799 9th Street, NW., 

5th Floor, Washington, DC. 

Arrangements to inspect submitted 

comments should be made in advance 

by calling Joseph Clark at (202) 325– 

0118. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Owens, Chief, Entry Process and 

Duty Refunds, Regulations and Rulings, 

Office of International Trade, (202) 325– 

0266. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of the 

proposed rule. Customs and Border 

Protection (CBP) also invites comments 

that relate to the economic, 

environmental, or federalism effects that 

might result from this proposed rule. If 

appropriate to a specific comment, the 

commenter should reference the specific 

portion of the proposed rule, explain the 

reason for any recommended change, 

and include data, information, or 

authority that support such 

recommended change. 

Background 

Section 466 of the Tariff Act of 1930, 

as amended (19 U.S.C. 1466), and 

Subchapter XVIII, Chapter 98, 

Harmonized Tariff Schedule of the 

United States (19 U.S.C. 1202), provide, 

in pertinent part, that equipment 

purchased for, or repairs made to, an 

American vessel in a foreign country are 

subject to entry and the payment of ad 

valorem duty on the first arrival of the 

affected vessel in any port of the United 

States. 

Section 498 of the Tariff Act of 1930 

(19 U.S.C. 1498) provides that the 

Secretary of the Treasury is authorized 

to prescribe rules and regulations for the 

declaration and entry of merchandise. 

Within that statute, paragraph (a)(10) 

provides, in pertinent part, that the 

Secretary may prescribe rules and 

regulations pertaining to the entry of 

merchandise within the provisions of 

section 1466 of this title (relating to 

vessel repairs and equipment 

purchases). 

The Federal Claims Collection Act of 

1966, codified at 31 U.S.C. 3701–3720A, 

as amended, establishes general federal 

claim and interest collection authority. 

Section 3717(a) directs the head of an 

executive, judicial, or legislative agency 

to charge interest on any outstanding 

debt to the United States Government. 

Sections 3737(b) and (d) provide that 

interest accrues from the date notice is 

mailed, however no interest will be 

charged if the amount on the claim is 

paid within 30 days from the mailing 

date. 

Based on the authority conferred by 

these statutory provisions, this 

document proposes to amend title 19 of 

the Code of Federal Regulations (19 

CFR) to provide that where an owner or 

master of a vessel documented under 

the laws of the United States fails to 

timely pay the duties determined to be 

due to Customs and Border Protection 

(CBP) that are associated with the 

purchase of equipment for, or repair to, 

the vessel while it is outside the United 

States, interest will accrue on the 

amounts owed to CBP and that person 

will be liable for interest. The purpose 

of this document is to ensure that title 

19 of the CFR reflects that CBP collects 

interest as part of its inherent revenue 

collection functions in situations where 

an owner or master of the vessel fails to 

pay the vessel repair duties determined 

to be due within 30 days of CBP issuing 

the bill. 

These proposed changes, other than 

those involving non-substantive 

editorial changes, are discussed below 

in more detail. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS