This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

275 

Vol. 78, No. 2 

Thursday, January 3, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1346; Directorate 

Identifier 2012–CE–047–AD] 

RIN 2120–AA64 

Airworthiness Directives; REIMS 

Aviation S.A. 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 REIMS 

AVIATION S.A. Model F406 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 

fretting (wear and/or chafing) found 

between the elevator pushrod assembly 

and horizontal tail structure, which 

could cause the elevator pushrod to jam 

and could result in loss of control. We 

are issuing this proposed AD to require 

actions to address the unsafe condition 

on these products. 

DATES: We must receive comments on 

this proposed AD by February 19, 2013. 

ADDRESSES: You may send comments 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 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact REIMS 

Aviation Industries, Ae ́rodrome de 

Reims Prunay, 51360 Prunay, France; 

telephone: 03.26.48.46.65; fax: 

03.26.49.18.57; Internet: http:// 

www.geciaviation.com/en/. You may 

review copies of the 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 http:// 

www.regulations.gov; 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 

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: 

Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4119; fax: (816) 329–4090; email: 

albert.mercado@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–2012–1346; Directorate Identifier 

2012–CE–047–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 http:// 

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 European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No. 2012– 

0164, dated August 28, 2012 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

During maintenance, fretting has been 

found between the elevator pushrod 

assembly and horizontal tail structure on 

Reims F406 aeroplanes. In addition, bending 

was found on a pushrod assembly Part 

Number (P/N) 6015034–1. The investigation 

has not yet established the exact cause(s) of 

these occurrences. 

This condition, if not detected and 

corrected, could lead to failure of a pushrod 

and consequent jamming of the elevator 

controls, possibly resulting in loss of control 

of the aeroplane. 

For the reasons described above, this AD 

requires inspection of the pushrods and 

horizontal tail structure to detect fretting, 

bending or eccentricity and, depending on 

findings, replacement with a serviceable 

pushrod, or repair. This AD also requires the 

return on replaced pushrods to RAI for 

investigation. 

This AD is considered to be an interim 

action and further AD action may follow. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

REIMS Aviation Industries has issued 

Service Bulletin No. F406–70, dated 

July 16, 2012. The actions described in 

this service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is 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. 


emcdonald on DSK67QTVN1PROD with 
276 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Proposed Rules 

Costs of Compliance 

We estimate that this proposed AD 

would affect 7 products of U.S. registry. 

We also estimate that it would take 

about 4 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of this proposed AD on U.S. 

operators to be $2,380, or $340 per 

product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 2.5 work-hours and require parts 

costing $1,900, for a cost of $2,112.50 

per product. We have no way of 

determining the number of products 

that may need these actions. 

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: 

(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: 

REIMS Aviation S.A.: Docket No. FAA– 

2012–1346; Directorate Identifier 2012– 

CE–047–AD. 

(a) Comments Due Date 

We must receive comments by February 

19, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Reims Aviation S.A. 

Model F406 airplanes, serial numbers F406– 

0001 through F406–0096, certificated in any 

category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

(e) Reason 

This AD was prompted by reports of 

fretting (wear and/or chafing) found between 

the elevator pushrod assembly and horizontal 

tail structure. We are issuing this AD to 

detect and correct any discrepancies with the 

elevator pushrod assembly and the horizontal 

tail structure, which could cause the elevator 

pushrod to fail. Failure of the elevator 

pushrod could cause the flight control to jam, 

which could result in loss of control. 

(f) Actions and Compliance 

Unless already done, do the following 

actions: 

(1) Within the next 4 months after the 

effective date of this AD, inspect the elevator 

pushrod assemblies, part number (P/N) 

6015034–1, and the horizontal tail structure 

following the Accomplishment Instructions 

in REIMS Aviation Industries Service 

Bulletin No. F406–70, dated July 16, 2012. 

(2) Before further flight after the inspection 

required in paragraph (f)(1) of this AD, if 

fretting is found on the horizontal tail 

structure, or the clearance between the 

elevator pushrod assemblies and the 

horizontal tail structure is found to be 

insufficient, or looseness at riveted end 

fittings is found on the elevator pushrods, 

contact REIMS Aviation Industries at the 

address specified in paragraph (h) of this AD 

for a repair scheme and incorporate the 

repair scheme. 

(3) Before further flight after the inspection 

required in paragraph (f)(1) of this AD, if 

bending or eccentricity of an elevator 

pushrod is found that exceeds the allowable 

limits, replace each affected elevator pushrod 

with a serviceable part following REIMS 

Aviation Industries Service Bulletin No. 

F406–70, dated July 16, 2012. 

(g) 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: Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4119; fax: (816) 329– 

4090; email: albert.mercado@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. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

(h) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) AD No. 2012–0164, dated 

August 28, 2012, and REIMS Aviation 

Industries Service Bulletin No. F406–70, 

dated July 16, 2012, for related information. 

For service information related to this AD, 

contact REIMS Aviation Industries, 

Ae ́rodrome de Reims Prunay, 51360 Prunay, 


emcdonald on DSK67QTVN1PROD with 
Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Proposed Rules 277 

France; telephone: 03.26.48.46.65; fax: 

03.26.49.18.57; Internet: http:// 

www.geciaviation.com/en/. You may review 

copies of the 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. 

Issued in Kansas City, Missouri, on 

December 27, 2012. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–31602 Filed 1–2–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 15 

[Docket No. FDA–2012–N–1148] 

Food and Drug Administration Actions 

Related to Nicotine Replacement 

Therapies and Smoking-Cessation 

Products; Report to Congress on 

Innovative Products and Treatments 

for Tobacco Dependence; Public 

Hearing; Extension of Comment Period 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of public hearing; 

Extension of comment period. 

SUMMARY: The Food and Drug 

Administration (FDA) is extending the 

comment period for the notice of public 

hearing that appeared in the Federal 

Register of November 28, 2012 (77 FR 

70955). In the public hearing notice, 

FDA requested comments on FDA 

consideration of applicable approval 

mechanisms and additional indications 

for nicotine replacement therapies 

(NRTs), and input on a report to 

Congress examining the regulation and 

development of innovative products and 

treatments for tobacco dependence. The 

Agency is taking this action to allow 

interested persons additional time to 

submit comments. 

DATES: Submit either electronic or 

written comments by January 16, 2013. 

ADDRESSES: Submit electronic 

comments to http:// 

www.regulations.gov. Submit written 

comments to the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. Identify 

comments with the docket number 

found in brackets in the heading of this 

document. 

FOR FURTHER INFORMATION CONTACT: 

Ayanna Augustus, Center for Drug 

Evaluation and Research, Food and 

Drug Administration, 10903 New 

Hampshire Ave. Bldg. 22, Rm. 3219, 

Silver Spring, MD 20993, 301–796– 

3980, FAX: 301–796–2310, email: 

Section918PublicMeeting@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of November 

28, 2012, FDA published a document 

announcing a public meeting on 

December 17, 2012, and the opening of 

a public docket to receive comments 

related to the implementation of section 

918 of the FD&C Act (21 U.S.C. 387r), 

as amended by the Tobacco Control Act 

(Pub. L. 111–31). Under Section 918(a), 

the Secretary of the Department of 

Health and Human Services (the 

Secretary of HHS) is required to 

consider certain new approval 

mechanisms and additional indications 

for NRTs. Several NRTs, including 

nicotine-containing gums, patches, and 

lozenges, are already marketed for 

smoking cessation. Section 918(b) 

requires that the Secretary of HHS, after 

consultation with recognized scientific, 

medical, and public health experts, 

submit a report to Congress examining 

how best to regulate, promote, and 

encourage the development of 

‘‘innovative products and treatments 

(including nicotine-based and nonnicotine-based products and 

treatments)’’ to better achieve the 

following three goals: (1) Total 

abstinence from tobacco use, (2) 

reductions in consumption of tobacco, 

and (3) reductions in the harm 

associated with continued tobacco use. 

FDA will consider the information it 

obtains from the public hearing and 

related docket submissions in its 

implementation of the requirements of 

section 918, including in drafting the 

report to Congress required by section 

918(b). 

II. Submission of Comments 

Interested persons may submit either 

electronic comments regarding this 

document to http://www.regulations.gov 

or written comments to the Division of 

Dockets Management (see ADDRESSES). It 

is only necessary to send one set of 

comments. Identify comments with the 

docket number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday, and 

will be posted to the docket at http:// 

www.regulations.gov. 

Dated: December 27, 2012. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2012–31578 Filed 1–2–13; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9, 63, 80, 85, 122, 123, 

and 412 

[EPA–HQ–OW–2012–0813, FRL–9764–8] 

Section 610 Review of NPDES Permit 

Regulation and Effluent Limitations 

Guidelines Standards for Concentrated 

Animal Feeding Operations (CAFOs); 

Extension of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of public comment 

period. 

SUMMARY: On October 31, 2012 the EPA 

published a request for comments on a 

Regulatory Flexibility Act section 610 

review titled, Section 610 Review of 

NPDES Permit Regulation and Effluent 

Limitations Guidelines Standards for 

Concentrated Animal Feeding 

Operations (CAFOs). As initially 

published in the Federal Register, 

written comments were to be submitted 

to the EPA on or before December 31, 

2012 (a 60-day public comment period). 

Since publication, the EPA has received 

a request for additional time to submit 

comments. Therefore, the EPA is 

extending the public comment period 

for 60 days until March 1, 2013. 

DATES: The public comment period for 

the review published October 31, 2012 

(77 FR 65840) is being extended for 60 

days to March 1, 2013 in order to 

provide the public additional time to 

submit comments and supporting 

information. 

ADDRESSES: 

Comments: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2012–0813, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• Email: rfa-sbrefa@epa.gov, 

Attention Docket ID No. EPA–HQ–OW– 

2012–0813. 

• Fax: (202) 566–9744. 

• Mail: Water Docket, Environmental 

Protection Agency, Mailcode: 28221T, 

Attention Docket ID No. EPA–HQ–OW– 

2012–0813, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

EPA West, Room 3334, 1301 


emcdonald on DSK67QTVN1PROD with