### 51695 Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations

(3) The said order as hereby amended regulates the handling of milk in the same manner as, and is applicable only to persons in the respective classes of industrial or commercial activity specified in, a marketing agreement upon which a hearing has been held. (b) Additional Findings

The amendment to this order is known to handlers. The final decision containing the proposed amendment to this order was issued on June 22, 2012, and published in the Federal Register on June 28, 2012 (77 FR 38536).

The changes that result from this amendment will not require extensive preparation or substantial alteration in the method of operation for handlers. In view of the foregoing, it is hereby found and determined that good cause exists for making this amendment effective following October 1, 2012. (Section 553(d), Administrative Procedures Act, 5 U.S.C. 551–559.)
(c) Determinations

It is hereby determined that: (1) The refusal or failure of handlers (excluding cooperative associations specified in section 8c(9) of the AMAA) of more than 50 percent of the milk, which is marketed within the specified marketing areas, to sign a proposed marketing agreement, tends to prevent the effectuation of the declared policy of the AMAA;

(2) The issuance of this order amending the Mideast order is the only practical means pursuant to the declared policy of the AMAA of advancing the interests of producers as defined in the orders as hereby amended; and

(3) The issuance of this order amending the Mideast order is favored by at least two-thirds of the producers who were engaged in the production of milk for sale in the respective marketing

areas. List of Subjects in 7 CFR Part 1033

Milk marketing orders. Order Relative to Handling

It is therefore ordered, that on and after the effective date hereof, the handling of milk in the Mideast marketing area shall be in conformity to and in compliance with the terms and conditions of the order, as amended, and as hereby amended, as follows:

For reasons set forth in the preamble, 7 CFR part 1033 is amended as follows:

**PART 1033—MILK IN THE MIDEAST MARKETING AREA** 

■ 1. The authority citation for 7 CFR part 1033 continues to read as follows: Authority: 7 U.S.C. 601–674, and 7253.

■ 2. Amend § 1033.7 by revising paragraph (a) to read as follows:

**§ 1033.7 Pool Plant.**
* * * * *

(a) A distributing plant, other than a plant qualified as a pool plant pursuant to paragraph (b) of this section or §

__.7(b) of any other Federal milk order, from which during the month 30 percent or more of the total quantity of fluid milk products physically received at the plant (excluding concentrated milk received from another plant by agreement for other than class I use) are disposed of as route disposition or are transferred in the form of packaged fluid milk products to other distributing plants. At least 25 percent of such route disposition and transfers must be to outlets in the marketing area. Plants located within the marketing area that meet the 30 percent route disposition standard contained above, and have combined route disposition and transfers of at least 50 percent into Federal order marketing areas will be regulated as a distributing plant in this order.

* * * * *

Dated: August 21, 2012. David R. Shipman, Administrator, Agricultural Marketing Service.
[FR Doc. 2012–20973 Filed 8–24–12; 8:45 am]

**BILLING CODE 3410–02–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2011–0945; Directorate Identifier 2011–NE–18–AD; Amendment 39–**  **17161; AD 2012–16–14]**

**RIN 2120–AA64**

**Airworthiness Directives; Honeywell International Inc. Turbofan Engines** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  We are adopting a new airworthiness directive (AD) for all Honeywell International Inc. TFE731– 20R, –20AR, –20BR, –40, –40AR, –40R, –50R, and –60 turbofan engines. This AD was prompted by a report of a quality escape of about 8,000 2nd stage low-pressure turbine (LPT2) rotor blades, manufactured by Honeywell Chihuahua Manufacturing Operation since 2009. This AD requires removing and inspecting certain LPT2 rotor blades. We are issuing this AD to correct an unsafe condition caused by these blades installed on these engines.

**DATES :**  This AD is effective October 1,
2012.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of October 1, 2012.

**ADDRESSES :**  For service information identified in this AD, contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034–2802; Web site: http://portal.honeywell.com; or call Honeywell toll free at phone: 800–601– 3099 (U.S./Canada) or 602–365–3099 (International Direct).

You may view this service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781–238–
7125. 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 AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590.

**FOR FURTHER INFORMATION CONTACT :**  Joseph Costa, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712–4137; phone: 562–627–5246; fax: 562–627–5210; email: joseph.costa@faa.gov.

**SUPPLEMENTARY INFORMATION :** 

Discussion

We issued a Notice of Proposed Rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM published in the Federal Register on January 9, 2012 (77 FR 1043). That NPRM proposed to require removing and inspecting certain LPT2 rotor blades.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM.


### 51696 Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations

Conclusion

We reviewed the relevant data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance

We estimate that this AD will affect 3,000 engines installed on airplanes of U.S. registry. We also estimate that it will take about 1 work-hour per engine to perform the record review, and thatthe average labor rate is $85 per workhour. For an estimated 500 engines with discrepant blades, blade rework cost was estimated at $2,380 per engine with a replacement parts cost about $1,100 per engine. Based on these figures, we estimate the total cost of the AD to U.S. operators to be $1,430,100. 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

This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify that this AD:

(1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866,

(2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

(3) Will not affect intrastate aviation in Alaska, and

(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

**PART 39—AIRWORTHINESS DIRECTIVES** 

■ 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):
2012–16–14 Honeywell International Inc. (Formerly Allied Signal Inc. and Garrett Turbine Engine Company): Amendment 39–17161; Docket No. FAA–2011–0945; Directorate Identifier 2011–NE–18–AD.

(a) Effective Date

This AD is effective October 1, 2012.

(b) Affected ADs

None.
(c) Applicability

(1) This AD applies to Honeywell International Inc. TFE731–20R, –20AR, –20BR, –40, –40AR, –40R, –50R, and –60 turbofan engines:

(i) With an engine model number and serial number (S/N) listed in Table 4 of Honeywell Service Bulletin (SB) TFE731–72– 5221, Revision 0, dated November 11, 2010,

or (ii) With 2nd stage low-pressure turbine (LPT2) rotor assembly part numbers (P/Ns) 3060608–2, 3060608–3, or 3060608–5 that had any LPT2 rotor blades P/N 3075424–2 replaced between March 2009 and September 2010, inclusive, or that had any LPT2 rotor blades P/N 3075424–3 replaced between July 2010 and September 2010, inclusive.

(d) Unsafe Condition

This AD was prompted by a report of a quality escape of about 8,000 LPT2 rotor blades, manufactured by Honeywell Chihuahua Manufacturing Operation since 2009. During LPT rotor acceleration, these blades may contact and damage the 3rd stage LPT (LPT3) nozzle seal carrier that may subsequently fatigue and contact the adjacent rotor and damage the rotor. Also, these blades could deform the blade retainers, which could lead to blade movement that may cause rotor damage. We are issuing this AD to correct the unsafe condition caused by these blades installed on these engines. (e) Compliance Comply with this AD within the compliance times specified, unless already done.

(f) Remove LPT2 Rotor Blades

(1) At the next major periodic inspection, not to exceed 3,000 hours time-since-new, or within 5 years after the effective date of this AD, or at the next access, whichever occurs first, do the following using Section 3.0, Accomplishment Instructions, of Honeywell SB TFE731–72–5221, Revision 0, dated November 11, 2010:

(i) Remove any suspect LPT2 rotor blades from service.

(ii) Inspect suspect LPT2 rotor blades.
(g) Alternative Methods of Compliance (AMOCs)

The Manager, Los Angeles Certification Office, FAA, may approve AMOCs to this AD. Use the procedures found in 14 CFR 39.19 to make your request.

(h) Definition

For purposes of this AD, next access is defined as when the LPT module is disassembled.

(i) Related Information

For more information about this AD, contact Joseph Costa, Aerospace Engineer, Los Angles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712– 4137; phone: 562–627–5246; fax: 562–627– 5210; email: joseph.costa@faa.gov.
(j) Material Incorporated by Reference

(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.

(i) Honeywell SB TFE731–72–5221, Revision 0, dated November 11, 2010.

(ii) Reserved. (3) For Honeywell International Inc. service information identified in this AD, contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034–2802; Web
site: http://portal.honeywell.com; or call Honeywell toll free at phone: 800–601–3099 (U.S./Canada) or 602–365–3099 (International Direct).

(4) You may view this service information at FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781–238–7125.

(5) You may view this service information at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal-register/cfr/ibrlocations.html.


### 51697 Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations

Issued in Burlington, Massachusetts, on August 6, 2012. Mark C. Fulmer, Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service.
[FR Doc. 2012–21008 Filed 8–24–12; 8:45 am]

**BILLING CODE 4910–13–P**

**FEDERAL TRADE COMMISSION**

**16 CFR Part 310**

**RIN 3084–AA98**

**Telemarketing Sales Rule Fees**

**AGENCY :**  Federal Trade Commission.

**ACTION :**  Final rule.

**SUMMARY :**  The Federal Trade Commission (the ‘‘Commission’’ or ‘‘FTC’’) is amending its Telemarketing Sales Rule (‘‘TSR’’) by updating the fees charged to entities accessing the National Do Not Call Registry (the‘‘Registry’’) as required by the Do-NotCall Registry Fee Extension Act of 2007.

**DATES :**  Effective Date: The revised fees will become effective October 1, 2012.

**ADDRESSES :**  Requests for copies of this document should be sent to: Public Reference Branch, Federal Trade Commission, Room 130, 600 Pennsylvania Avenue NW., Washington, DC 20580. Copies of this document are also available on the Internet at the Commission’s Web site: http://www.ftc.
gov.
**FOR FURTHER INFORMATION CONTACT :**  Ami Joy Dziekan, (202) 326–2648, BCP, Federal Trade Commission, 600 Pennsylvania Avenue NW., Room H– 246, Washington, DC 20580.

**SUPPLEMENTARY INFORMATION :**  To comply with the Do-Not-Call Registry Fee Extension Act of 2007 (Pub. L. 110–188, 122 Stat. 635) (‘‘Act’’), the Commission is amending the TSR by updating the fees entities are charged for accessing the Registry as follows: the revised rule increases the annual fee for access to the Registry for each area code of data from $56 to $58 per area code; increases the fee per area code of data during the second six months of an entity’s annual subscription period from $28 to $29; and increases the maximum amount that will be charged to any single entity for accessing area codes of data from $15,503 to $15,962.

These increases are in accordance with the Act, which specifies that beginning after fiscal year 2009, the dollar amounts charged shall be increased by an amount equal to the amounts specified in the Act, multiplied by the percentage (if any) by which the average of the monthly consumer price index (for all urban consumers published by the Department of Labor) (‘‘CPI’’) for the most recently ended 12- month period ending on June 30 exceeds the CPI for the 12-month period ending June 30, 2008. The Act also states that any increase shall be rounded to the nearest dollar and that there shall be no increase in the dollar amounts if the change in the CPI is less than one percent. For fiscal year 2009, the Act specified that the original annual fee for access to the Registry for each area code of data was $54 per area code, or $27 per area code of data during the second six months of an entity’s annual subscription period, and that the maximum amount that would be charged to any single entity for accessing area codes of data would be $14,850.

The determination whether a fee change is required and the amount of the fee change involves a two-step process. First, to determine whether a fee change is required, we measure the change in the CPI from the time of the previous increase in fees. There was an increase in the fees for fiscal year 2012. Accordingly, we calculated the change in the CPI since last year, and the increase was 2.93 percent. Because this change is over the one percent threshold, the fees will change for fiscal year 2013.

Second, to determine how much the fees should increase this fiscal year, we use the calculation specified by the Act set forth above, the percentage change in the baseline CPI applied to the original fees for fiscal year 2009. The average value of the CPI for July 1, 2007 to June 30, 2008 was 211.702; the average value for July 1, 2011 to June 30, 2012 was 227.565, an increase of 7.49 percent. Applying the 7.49 percent increase to the base amount from fiscal year 2009, leads to an increase from $56 to $58 in the fee from last year for access to a single area code of data for a full year for fiscal year 2013. The actual amount is $58.04, but when rounded, pursuant to the Act, the amount is $58. The fee for accessing an additional area code for a half year increases to $29.02 (rounded to $29). The maximum amount charged increases to $15,962.26 (rounded to $15,962).

Administrative Procedure Act; Regulatory Flexibility Act; Paperwork Reduction Act. The revisions to the Fee Rule are technical in nature and merely incorporate statutory changes to the TSR. These statutory changes have been adopted without change or interpretation, making public comment unnecessary. Therefore, the Commission has determined that the notice and comment requirements of the Administrative Procedure Act do not apply. See 5 U.S.C. 553(b). For this reason, the requirements of the Regulatory Flexibility Act also do not apply. See 5 U.S.C. 603, 604.

Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501–3521, the Office of Management and Budget (‘‘OMB’’) approved the information collection requirements in the Amended TSR and assigned the following existing OMB Control Number: 3084–0097. The amendments outlined in this Final Rule pertain only to the fee provision (§ 310.8) of the Amended TSR and will not establish or alter any record keeping, reporting, or third-party disclosure requirements elsewhere in the Amended TSR. List of Subjects in 16 CFR Part 310

Advertising, Consumer protection, Reporting and recordkeeping requirements, Telephone, Trade practices.

Accordingly, the Federal Trade Commission amends part 310 of title 16 of the Code of Federal Regulations as follows:

**PART 310—TELEMARKETING SALES RULE** 

■ 1. The authority citation for part 310 continues to read as follows:

Authority: 15 U.S.C. 6101–6108; 15 U.S.C.
6151–6155.

■ 2. In § 310.8, revise paragraphs (c) and (d) to read as follows:

**§ 310.8 Fee for access to the National Do Not Call Registry.** 
* * * * *

(c) The annual fee, which must be paid by any person prior to obtaining access to the National Do Not Call Registry, is $58 for each area code of data accessed, up to a maximum of $15,962; provided, however, that there shall be no charge to any person for accessing the first five area codes of data, and provided further, that there shall be no charge to any person engaging in or causing others to engage in outbound telephone calls to consumers and who is accessing area codes of data in the National Do Not Call Registry if the person is permitted to access, but is not required to access, the National Do Not Call Registry under this Rule, 47 CFR 64.1200, or any other Federal regulation or law. Any person accessing the National Do Not Call Registry may not participate in any arrangement to share the cost of accessing the registry, including any arrangement with any telemarketer or service provider to divide the costs to