73020 Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Rules and Regulations 

(d) The scheduling of an employee’s 

testimony, including the amount of time 

that the employee will be made 

available for testimony, will be subject 

to the OSC’s approval. 

§ 1820.20 Restrictions that apply to 

released records. 

(a) The General Counsel may impose 

conditions or restrictions on the release 

of official records and information, 

including the requirement that parties to 

the proceeding obtain a protective order 

or execute a confidentiality agreement 

to limit access and any further 

disclosure. The terms of the protective 

order or of a confidentiality agreement 

must be acceptable to the General 

Counsel. In cases where protective 

orders or confidentiality agreements 

have already been executed, the OSC 

may condition the release of official 

records and information on an 

amendment to the existing protective 

order (subject to court approval) or 

confidentiality agreement. 

(b) If the General Counsel so 

determines, original OSC records may 

be presented for examination in 

response to a request, but they may not 

be presented as evidence or otherwise 

used in a manner by which they could 

lose their identity as official OSC 

records, nor may they be marked or 

altered. In lieu of the original records, 

certified copies may be presented for 

evidentiary purposes. 

§ 1820.21 Procedure when a decision is 

not made prior to the time a response is 

required. 

If a response to a demand or request 

is required before the General Counsel 

can make the determination referred to 

in § 1820.28, the General Counsel, when 

necessary, will provide the court or 

other competent authority with a copy 

of this part, inform the court or other 

competent authority that the request is 

being reviewed, provide an estimate as 

to when a decision will be made, and 

seek a stay of the demand or request 

pending a final determination. 

§ 1820.22 Procedure in the event of an 

adverse ruling. 

If the court or other competent 

authority fails to stay a demand or 

request, the employee upon whom the 

demand or request is made, unless 

otherwise advised by the General 

Counsel, will appear, if necessary, at the 

stated time and place, produce a copy 

of this part, state that the employee has 

been advised by counsel not to provide 

the requested testimony or produce 

documents, and respectfully decline to 

comply with the demand or request, 

citing United States ex rel. Touhy v. 

Ragen, 340 U.S. 462 (1951). 

■ 9. Add subpart C, consisting of 

§ 1820.23, to read as follows: 

Subpart C—Schedule of Fees 

§ 1820.23 Fees. 

(a) Generally. The General Counsel 

may condition the production of records 

or appearance for testimony upon 

advance payment of a reasonable 

estimate of the costs to the OSC. 

(b) Fees for records. Fees for 

producing records will include fees for 

searching, reviewing, and duplicating 

records, costs of attorney time spent in 

reviewing the request, and expenses 

generated by materials and equipment 

used to search for, produce, and copy 

the responsive information. Costs for 

employee time will be calculated on the 

basis of the hourly pay of the employee 

(including all pay, allowances, and 

benefits). Fees for duplication will be 

the same as those charged by the OSC 

in its Freedom of Information Act 

regulations at § 1820.7. 

(c) Witness fees. Fees for attendance 

by a witness will include fees, expenses, 

and allowances prescribed by the 

court’s rules. If no such fees are 

prescribed, witness fees will be 

determined based upon the rule of the 

federal district closest to the location 

where the witness will appear and on 28 

U.S.C. 1821, as applicable. Such fees 

will include cost of time spent by the 

witness to prepare for testimony, in 

travel and for attendance in the legal 

proceeding, plus travel costs. 

(d) Payment of fees. A requester must 

pay witness fees for current OSC 

employees and any record certification 

fees by submitting to the General 

Counsel a check or money order for the 

appropriate amount made payable to the 

United States Department of Treasury. 

In the case of testimony of former OSC 

employees, the requester must pay 

applicable fees directly to the former 

OSC employee in accordance with 28 

U.S.C. 1821 or other applicable statutes. 

(e) Waiver or reduction of fees. The 

General Counsel, in his or her sole 

discretion, may, upon a showing of 

reasonable cause, waive or reduce any 

fees in connection with the testimony, 

production, or certification of records. 

(f) De minimis fees. Fees will not be 

assessed if the total charge would be 

$10.00 or less. 

■ 10. Add subpart D, consisting of 

§ 1820.24, to read as follows: 

Subpart D—Penalties 

§ 1820.24 Penalties. 

(a) An employee who discloses 

official records or information or gives 

testimony relating to official 

information, except as expressly 

authorized by the OSC, or as ordered by 

a federal court after the OSC has had the 

opportunity to be heard, may face the 

penalties provided in 18 U.S.C. 641 and 

other applicable laws. Additionally, 

former OSC employees are subject to the 

restrictions and penalties of 18 U.S.C. 

207 and 216. 

(b) A current OSC employee who 

testifies or produces official records and 

information in violation of this part 

shall be subject to disciplinary action. 

■ 11. Add subpart E, consisting of 

§ 1820.25, to read as follows: 

Subpart E—Conformity With Other 

Laws 

§ 1820.25 Conformity with other laws. 

This regulation is not intended to 

conflict with 5 U.S.C. 2302(b)(13). 

Dated: September 21, 2016. 

Lisa V. Terry, 

General Counsel. 

[FR Doc. 2016–23215 Filed 10–21–16; 8:45 am] 

BILLING CODE 7405–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–23706; Directorate 

Identifier 2006–NE–03–AD; Amendment 39– 

18688; AD 2016–21–07] 

RIN 2120–AA64 

Airworthiness Directives; Honeywell 

International Inc. Turboprop Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding 

airworthiness directive (AD) 2015–12– 

04 for all Honeywell International Inc. 

(Honeywell) TPE331–1, –2, –2UA, –3U, 

–3UW, –5, –5A, –5AB, –5B, –6, –6A, 

–10, –10AV, –10GP, –10GT, –10P, –10R, 

–10T, –10U, –10UA, –10UF, –10UG, 

–10UGR, –10UR, –11U, –12JR, –12UA, 

–12UAR, and –12UHR turboprop 

engines with certain Woodward fuel 

control unit (FCU) assemblies, installed. 

AD 2015–12–04 required initial and 

repetitive dimensional inspections of 

the affected fuel control drives and 

insertion of certain airplane operating 

procedures into the applicable flight 

manuals. This AD corrects the 

compliance requirements and relaxes 

the inspection interval. This AD was 

prompted by a request to change 

compliance time from 50 hours to 100 

hours for affected fuel controls. We are 


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Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Rules and Regulations 73021 

issuing this AD to prevent failure of the 

fuel control drive, damage to the engine, 

and damage to the airplane. 

DATES: This AD is effective November 

28, 2016. 

ADDRESSES: For service information 

identified in this final rule, contact 

Honeywell International Inc., 111 S. 

34th Street, Phoenix, AZ 85034–2802; 

phone: 800–601–3099; Internet: https:// 

myaerospace.honeywell.com/wps/ 

portal. You may view this service 

information at the FAA, Engine & 

Propeller Directorate, 1200 District 

Avenue, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

It is also available on the internet at 

http://www.regulations.gov by searching 

for and locating Docket No. FAA–2006– 

23706. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.govby searching for 

and locating Docket No. FAA–2006– 

23706; 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 supersede AD 2015–12–04, 

Amendment 39–18177, (80 FR 34534, 

June 17, 2015), (‘‘AD 2015–12–04’’). AD 

2015–12–04 applied to all Honeywell 

TPE331–1, –2, –2UA, –3U, –3UW, –5, 

–5A, –5AB, –5B, –6, –6A, –10, –10AV, 

–10GP, –10GT, –10P, –10R, –10T, –10U, 

–10UA, –10UF, –10UG, –10UGR, 

–10UR, –11U, –12JR, –12UA, –12UAR, 

and –12UHR turboprop engines with 

certain Woodward FCU assemblies, 

installed. The NPRM published in the 

Federal Register on March 29, 2016 (81 

FR 17412). This AD requires correcting 

the compliance requirements and 

relaxing the inspection interval. We are 

issuing this AD to prevent failure of the 

fuel control drive, damage to the engine, 

and damage to the airplane. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting this AD 

as proposed. 

Related Service Information 

We reviewed Honeywell Operating 

Information Letter (OIL) OI331–12R6, 

dated May 26, 2009, for multi-engine 

airplanes; and OIL OI331–18R4, dated 

May 26, 2009, for single-engine 

airplanes, and Honeywell TPE331 

maintenance manuals. That service 

information describes procedures for 

conducting fuel control drive 

inspections and engine shutdown. 

Costs of Compliance 

We estimate that this AD affects 2,250 

engines installed on airplanes of U.S. 

registry. We also estimate that it would 

take about 8 hours per engine to comply 

with this AD. The average labor rate is 

$85 per hour. We estimate that 10% of 

affected engines will require FCU 

assembly stub shaft replacement and 

fuel pump or fuel control repair. We 

also estimate that repairs will cost about 

$10,000 per engine. Based on these 

figures, we estimate the cost of this AD 

on U.S. operators to be $525,587 per 

year. 

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 have determined that 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 

removing airworthiness directive (AD) 

2015–12–04, Amendment 39–18177, (80 

FR 34534, June 17, 2015), and adding 

the following new AD: 

2016–21–07 Honeywell International Inc.: 

Amendment 39–18688; Docket No. 

FAA–2006–23706; Directorate Identifier 

2006–NE–03–AD. 

(a) Effective Date 

This AD is effective November 28, 2016. 

(b) Affected ADs 

This AD replaces AD 2015–12–04, 

Amendment 39–18177, (80 FR 34534, June 

17, 2015). 

(c) Applicability 

This AD applies to all Honeywell 

International Inc. (Honeywell) TPE331–1, –2, 

–2UA, –3U, –3UW, –5, –5A, –5AB, –5B, –6, 

–6A, –10, –10AV, –10GP, –10GT, –10P, –10R, 

–10T, –10U, –10UA, –10UF, –10UG, 


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73022 Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Rules and Regulations 

–10UGR, –10UR, –11U, –12JR, –12UA, 

–12UAR, and –12UHR turboprop engines 

with Woodward fuel control unit (FCU) 

assemblies with Honeywell part numbers (P/ 

Ns) as listed in Table 1 to paragraph (c) of 

this AD, installed. 

TABLE 1 TO PARAGRAPH (c)—AFFECTED FCU ASSEMBLY P/NS

Group # Engine FCU Assembly P/Ns 

1 ................... TPE331–1, –2, and –2UA ......................... P/N 869199–13, –20, –21, –22, –23, –24, –25, –26, –27, –28, –29, –31, –32, –33, 

–34, and –35. 

2 ................... TPE331–1, –2, and –2UA ......................... P/N 869199–9, –10, –11, –12, –14, –16, –17, and –18. 

3 ................... TPE331–3U, –3UW, –5, –5A, –5AB, –5B, 

–6, –6A, –10AV, –10GP, –10GT, –10P, 

and –10T.

P/N 893561–7, –8, –9, –10, –11, –14, –15, –16, –20, –26, –27, –29; and 

P/N 897770–1, –3, –7, –9, –10, –11, –12, –14, –15, –16, –25, –26, and –28. 

4 ................... TPE331–3U, –3UW, –5, –5B, –6, –6A, 

and –10T.

P/N 893561–4, –5, –12, –13; and 

P/N 897770–5, –8, and –13. 

5 ................... TPE331–10, –10R, –10U, –10UA, –10UF, 

–10UG, –10UGR, –10UR, –11U, 

–12JR, –12UA, –12UAR, and –12UHR.

P/N 897375–2, –3, –4, –5, –8, –9, –10, –11, –12, –13, –14, –15, –16, –17, –19, 

–21, –24, –25, –26, –27; and 

P/N 897780–1, –2, –3, –4, –5, –6, –7, –8, –9, –10, –11, –14, –15, –16, –17, –18, 

–19, –20, –21, –22, –23, –24, –25, –26, –27, –30, –32, –34, –36, –37, –38; and 

P/N 893561–17, –18, and –19. 

(d) Unsafe Condition 

This AD was prompted by reports of loss 

of the fuel control drive, leading to engine 

overspeed and engine failure. We are issuing 

this AD to prevent failure of the fuel control 

drive, damage to the engine, and damage to 

the airplane. 

(e) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(1) Inspection of Engines With FCU Assembly 

P/Ns in Groups 2 or 4 

For FCU assembly P/Ns in Groups 2 or 4 

listed in Table 1 to paragraph (c) of this AD: 

(i) At the next scheduled inspection of the 

fuel control drive, or within 500 hours-inservice (HIS) after the effective date of this 

AD, whichever occurs first, inspect the fuel 

control drive for wear. 

(ii) Thereafter, reinspect the fuel control 

drive within every 1,000 HIS since-lastinspection (SLI). 

(2) Inspection of Engines With FCU Assembly 

P/Ns in Groups 1, 3, or 5 

For FCU assembly P/Ns in Groups 1, 3, or 

5 listed in Table 1 to paragraph (c) of this AD: 

(i) If, on the effective date of this AD, the 

FCU assembly has 900 or more HIS SLI, 

inspect the fuel control drive for wear within 

100 HIS after the effective date of this AD. 

(ii) If, on the effective date of this AD, the 

FCU assembly has fewer than 900 HIS SLI, 

inspect the fuel control drive for wear within 

1,000 HIS. 

(iii) Thereafter, reinspect the fuel control 

drive for wear within every 1,000 HIS SLI. 

(3) Airplane Operating Procedures 

Within 60 days after the effective date of 

this AD, insert the information in Figure 1 to 

paragraph (e) of this AD, into the Emergency 

Procedures Section of the applicable 

Airplane Flight Manual (AFM), Pilot 

Operating Handbook (POH), or the 

Manufacturer’s Operating Manual (MOM). 

BILLING CODE 4910–13–P 


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BILLING CODE 4910–13–C 

(f) Optional Terminating Action 

Replacing the affected FCU assembly with 

an FAA-approved FCU assembly not listed in 

this AD by P/N is terminating action for the 

initial and repetitive inspections required by 

this AD, and for inserting the information in 

Figure 1 to paragraph (e) of this AD into the 

AFM, POH, and MOM. 

(g) Definitions 

For the purposes of this AD: 

(1) The ‘‘fuel control drive’’ is a series of 

mating splines located between the fuel 

pump and fuel control governor. 

(2) The fuel control drive consists of four 

drive splines: The fuel pump internal spline, 

the fuel control external ‘‘quill shaft’’ spline, 

and the stub shaft internal and external 

splines. 

(h) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Los Angeles Aircraft 

Certification Office, FAA, may approve 

AMOCs for this AD. Use the procedures 

found in 14 CFR 39.19 to make your request. 

(i) Related Information 

(1) For more information about this AD, 

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. 

(2) Information pertaining to operating 

recommendations for affected engines after a 

fuel control drive failure is contained in 

Honeywell Operating Information Letter 

(OIL) OI331–12R6, dated May 26, 2009, for 

multi-engine airplanes; and OIL OI331–18R4, 

dated May 26, 2009, for single-engine 

airplanes. Information on fuel control drive 

inspection can be found in Section 72–00–00 

of the applicable TPE331 maintenance 

manuals. These Honeywell OILs and the 

TPE331 maintenance manuals can be 

obtained from Honeywell using the contact 

information in paragraph (i)(3) of this AD. 

(3) For service information identified in 

this AD, contact Honeywell International 

Inc., 111 S. 34th Street, Phoenix, AZ 85034– 

2802; phone: 800–601–3099; Internet: https:// 

myaerospace.honeywell.com/wps/portal. 

(4) You may view this service information 

at FAA, Engine & Propeller Directorate, 1200 

District Avenue, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

Issued in Burlington, Massachusetts, on 

October 14, 2016. 

Colleen M. D’Alessandro, 

Manager, Engine & Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2016–25268 Filed 10–21–16; 8:45 am] 

BILLING CODE 4910–13–P 


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