16202 Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Proposed Rules 

developing a modification that would 

address the unsafe condition identified 

in this AD. After this modification is 

developed, approved, and available, we 

might consider additional rulemaking. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 911 helicopters of U.S. 

Registry and that labor costs average $85 

per work-hour. Based on these 

estimates, we expect the following costs: 

• Inspecting the locking of the stop 

screws would take about 0.4 hour for a 

labor cost of about $34 per helicopter 

and $30,974 for the U.S. fleet. No parts 

would be needed. 

• Adjusting the stop screws, if 

needed, would require about 0.2 hour 

for a labor cost of $17. No parts would 

be needed. 

• Painting the line would require 0.1 

hour for a labor cost of about $9 per 

helicopter and $8,199 for the U.S. fleet. 

No parts would be needed. 

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, 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 to the extent that it justifies 

making a regulatory distinction; 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. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

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 airworthiness 

directive (AD): 

Eurocopter France: Docket No. FAA–2013– 

0240; Directorate Identifier 2011–SW– 

060–AD. 

(a) Applicability 

This AD applies to the following 

helicopters, certificated in any category: 

(1) Model AS350B, AS350BA, AS350B1, 

AS350B2, AS350C, AS350D, AS350D1, 

AS355E, AS355F, AS355F1, and AS355F2 

helicopters with an autopilot installed; 

(2) Model AS350B3 helicopters with an 

autopilot or modification 073252 installed; 

and 

(3) Model AS355N and AS355NP 

helicopters with an autopilot or modification 

071908 installed. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

loose nut or misaligned tail rotor control stop 

screw (stop screw). This condition could 

result in limited yaw authority and 

subsequent loss of helicopter control. 

(c) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(d) Required Actions 

(1) Within 110 hours time-in-service (TIS), 

inspect the locking of the stop screws to 

determine whether the stop screws turn. 

(i) If any stop screw turns, adjust the stop 

screw. 

(ii) Mark a line of red paint on the screwnut assembly as depicted in Section B–B, 

Figure 1 of Eurocopter Alert Service Bulletin 

(ASB) No. AS350–05.00.64 or ASB No. 

AS355–05.00.59, as applicable to your model 

helicopter. Both ASBs are Revision 0 and 

dated August 30, 2011. 

(2) Thereafter, at intervals not to exceed 

110 hours TIS, inspect the stop screws to 

determine whether the paint lines on the 

screw and the nut are aligned. If the red paint 

lines are not aligned, remove the paint, adjust 

the stop screw, and mark a new line of paint 

on the screw-nut assembly as depicted in 

Section B–B, Figure 1 of the ASB applicable 

to your helicopter model. 

(e) Special Flight Permit 

A one-time flight permit may be granted, 

provided that the pilot has full yaw authority 

before flight. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Matt Fuller, 

Aviation Safety Engineer, Continued 

Operational Safety, Rotorcraft Directorate, 

FAA, 2601 Meacham Blvd., Fort Worth, 

Texas 76137; telephone 817–222–5110; email 

matthew.fuller@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

The subject of this AD is addressed in the 

European Aviation Safety Agency AD No. 

2011–0164, dated August 31, 2011. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6720, tail rotor control system. 

Issued in Fort Worth, Texas, on March 6, 

2013. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–05876 Filed 3–13–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0074; Airspace 

Docket No. 13–ASO–3] 

Proposed Amendment of Class E 

Airspace; Selmer, TN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 


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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Proposed Rules 16203 

SUMMARY: This action proposes to 

amend Class E Airspace at Selmer, TN, 

as the Sibley Non-Directional Beacon 

(NDB) has been decommissioned and 

new Standard Instrument Approach 

Procedures have been developed at 

Robert Sibley Airport. This action 

would enhance the safety and airspace 

management of Instrument Flight Rules 

(IFR) operations at the airport. This 

action also would update the geographic 

coordinates of airport. 

DATES: Comments must be received on 

or before April 29, 2013. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey SE., Washington, DC 20590– 

0001; Telephone: 1–800–647–5527; Fax: 

202–493–2251. You must identify the 

Docket Number FAA–2013–0074; 

Airspace Docket No. 13–ASO–3, at the 

beginning of your comments. You may 

also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments, 

as they may desire. Comments that 

provide the factual basis supporting the 

views and suggestions presented are 

particularly helpful in developing 

reasoned regulatory decisions on the 

proposal. Comments are specifically 

invited on the overall regulatory, 

aeronautical, economic, environmental, 

and energy-related aspects of the 

proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2013–0074; Airspace Docket No. 13– 

ASO–3) and be submitted in triplicate to 

the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Persons wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2013–0074; Airspace 

Docket No. 13–ASO–3.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. A 

report summarizing each substantive 

public contact with FAA personnel 

concerned with this rulemaking will be 

filed in the docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded from and 

comments submitted through http:// 

www.regulations.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov/airports_

airtraffic/air_traffic/publications/

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal Holidays. An informal 

docket may also be examined during 

normal business hours at the office of 

the Eastern Service Center, Federal 

Aviation Administration, Room 350, 

1701 Columbia Avenue, College Park, 

Georgia 30337. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, to request a copy of 

Advisory circular No. 11–2A, Notice of 

Proposed Rulemaking distribution 

System, which describes the application 

procedure. 

The Proposal 

The FAA is considering an 

amendment to Title 14, Code of Federal 

Regulations (14 CFR) part 71 to amend 

Class E airspace extending upward from 

700 feet above the surface to support 

new Standard Instrument Approach 

Procedures developed at Robert Sibley 

Airport, Selmer, TN. The geographic 

coordinates of Robert Sibley Airport 

would be adjusted to coincide with the 

FAAs aeronautical database. Airspace 

reconfiguration is necessary due to the 

decommissioning of the Sibley NDB and 

cancellation of the NDB approach, and 

for continued safety and management of 

IFR operations at the airport. 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

Order 7400.9W, dated August 8, 2012, 

and effective September 15, 2012, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This proposed 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would amend Class E airspace at Robert 

Sibley Airport, Selmer, TN. 

This proposal would be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 


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16204 Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Proposed Rules 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, effective 

September 15, 2012, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASO TN E5 Selmer, TN [Amended] 

Robert Sibley Airport, TN 

(Lat. 35°12′11′′ N., long. 88°29′54′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of Robert Sibley Airport. 

Issued in College Park, Georgia, on March 

5, 2013. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2013–05912 Filed 3–13–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 950 

[SATS No. WY–044–FOR; Docket ID OSM– 

2013–0001] 

Wyoming Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We are announcing receipt of 

a proposed amendment to the Wyoming 

regulatory program (hereinafter, the 

‘‘Wyoming program’’) under the Surface 

Mining Control and Reclamation Act of 

1977 (‘‘SMCRA’’ or ‘‘the Act’’). 

Wyoming proposes revisions to rules 

concerning valid existing rights and 

individual civil penalties. Wyoming 

intends to revise its program to be 

consistent with the corresponding 

Federal regulations and SMCRA, clarify 

ambiguities, and improve operational 

efficiency. 

This document gives the times and 

locations that the Wyoming program 

and proposed amendment to that 

program are available for your 

inspection, the comment period during 

which you may submit written 

comments on the amendment, and the 

procedures that we will follow for the 

public hearing, if one is requested. 

DATES: We will accept written 

comments on this amendment until 4:00 

p.m., m.d.t., April 15, 2013. If requested, 

we will hold a public hearing on the 

amendment on April 8, 2013. We will 

accept requests to speak until 4:00 p.m., 

m.d.t. on March 29, 2013. 

ADDRESSES: You may submit comments 

by either of the following two methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. This proposed 

rule has been assigned Docket ID: OSM– 

2013–0001. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to 

www.regulations.gov and follow the 

instructions. 

• Mail/Hand Delivery/Courier: Jeffrey 

Fleischman, Director, Casper Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, Dick 

Cheney Federal Building, POB 11018, 

150 East B Street, Casper, Wyoming 

82601–1018. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘III. Public Comment 

Procedures’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

In addition to viewing the docket and 

obtaining copies of documents at 

www.regulations.gov, you may review 

copies of the Wyoming program, this 

amendment, a listing of any scheduled 

public hearings, and all written 

comments received in response to this 

document, may be obtained at the 

addresses listed below during normal 

business hours, Monday through Friday, 

excluding holidays. You may also 

receive one free copy of the amendment 

by contacting OSM’s Casper Field 

Office. 

Jeffrey Fleischman, Director, Casper 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, Dick 

Cheney Federal Building, POB 11018, 

150 East B Street, Casper, Wyoming 

82601–1018, (307) 261–6547, 

jfleischman@osmre.gov. 

Todd Parfitt, Director, Wyoming 

Department of Environmental Quality, 

Herschler Building, 122 West 25th 

Street, Cheyenne, Wyoming 82002, 

(307) 777–7555, todd.parfitt@wyo.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Fleischman, Telephone: (307) 

261–6547. Internet: 

jfleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Wyoming Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Wyoming 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its State program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Wyoming 

program on November 26, 1980. You 

can find background information on the 

Wyoming program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval of the Wyoming program in 

the November 26, 1980, Federal 

Register (45 FR 78637). You can also 

find later actions concerning Wyoming’s 

program and program amendments at 30 

CFR 950.12, 950.15, 950.16, and 950.20. 

II. Description of the Proposed 

Amendment 

By letter dated January 4, 2013, 

Wyoming sent us a proposed 

amendment to its approved regulatory 

program (Administrative Record Docket 

ID No. OSM–2013–0001) under SMCRA 

(30 U.S.C. 1201 et seq.). Wyoming 

submitted the amendment in response 

to a concern letter OSM sent relating to 

valid existing rights (VER) and a Federal 

Register notice (78 FR 10512) that 

disapproved several proposed VER rule 

changes that were required by an April 

2, 2001, letter we sent in accordance 

with 30 CFR 732.17(c). That letter 

required Wyoming to submit 

amendments to ensure its program 

remains consistent with the Federal 

program. This amendment package is 

intended to address all remaining 

required rule changes pertaining to VER. 

Wyoming also proposes changes to its 

rules for individual civil penalties that 

were disapproved in the Federal 

Register notice. 

Specifically, Wyoming proposes to 

amend the Land Quality Division Coal 

Rules and Regulations at Chapter 1, 

Section 2(fl) (definition of ‘‘Valid 

Existing Rights’’ and the applicable 

standards and procedures used to 

evaluate VER claims); Chapter 12, 

Section 1(a)(v)–(vii) (VER determination 

and permitting procedures); Chapter 16, 

Section 4(a)(iii) (definition of 

‘‘willfully’’); and 16, Section 4(b)(i) 


tkelley on DSK3SPTVN1PROD with PROPOSALS