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

59289 

Vol. 78, No. 187 

Thursday, September 26, 2013 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1423 

RIN 0560–AI18 

Clarification of Bales Made Available 

for Shipment by CCC-Approved 

Warehouses 

AGENCY: Commodity Credit Corporation 

and Farm Service Agency, USDA. 

ACTION: Proposed rule. 

SUMMARY: The Commodity Credit 

Corporation (CCC) proposes to amend 

the regulations that specify the 

requirements for CCC-approved 

warehouses storing cotton. The 

amendment would change the 

definition of Bales Made Available for 

Shipment (BMAS). CCC-approved 

cotton warehouses are currently 

required to report BMAS, among other 

data, to CCC every week. This rule 

would clarify that bales made available, 

but not picked up by the shipper, can 

only be reported by the warehouse 

operator as BMAS for no longer than the 

first two weeks that such bales have 

been made available for delivery but 

have not yet been picked up. The rule 

would only change how bales not 

picked up are reported by the 

warehouse operator to CCC in the 

weekly; it does not change any 

warehouse tariffs or fees. This change 

would improve the quality of reported 

information about bales available for 

shipment, benefiting both CCC and the 

cotton industry. 

DATES: We will consider comments we 

receive by November 25, 2013. 

ADDRESSES: We invite you to submit 

comments on this proposed rule. In 

your comment, please specify RIN 

0560–AI18 and include the volume, 

date, and page number of this issue of 

the Federal Register. You may submit 

comments by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments; or 

• Mail, Hand Delivery, or Courier: 

Dan Schofer, Cotton Program Manager, 

Commodity Operations Division, Farm 

Service Agency, USDA, Mail Stop 0533, 

1400 Independence Ave SW., 

Washington, DC 20250–0572. 

All written comments will be 

available for inspection online at 

www.regulations.gov and at the mail 

address above during business hours 

from 8 a.m. to 5 p.m., Monday through 

Friday, except holidays. A copy of this 

proposed rule is available through the 

FSA home page at http://

www.fsa.usda.gov/. 

FOR FURTHER INFORMATION CONTACT: Dan 

Schofer, telephone: (202) 720–2121. 

Persons with disabilities who require 

alternative means for communication 

(Braille, large print, audiotape, etc.) 

should contact the USDA Target Center 

at (202) 720–2600 (voice and TDD). 

SUPPLEMENTARY INFORMATION: The 

Commodity Operations Division of the 

Farm Service Agency (FSA) administers 

the CCC-approved warehouse program 

for CCC. This responsibility includes 

approving and licensing warehouses 

where commodities that are under 

various types of CCC loans may be 

stored. Those approved warehouses are 

required to comply with CCC 

regulations, which include reporting 

information about the stored 

commodities to CCC. The specific 

requirements that approved warehouses 

must meet are specified in the 

regulations in 7 CFR 1423 ‘‘Commodity 

Credit Corporation Approved 

Warehouses’’ and in the written storage 

agreements between CCC and the 

warehouse for each type of commodity. 

CCC-approved cotton warehouses are 

currently required to report BMAS, 

among other data, to CCC every week. 

This rule would clarify that bales made 

available, but not picked up could only 

be reported as BMAS for no longer than 

the first two weeks that such bales were 

made available for shipment. The rule 

would only change how bales not 

picked up are counted in the weekly 

report to CCC; it would not change any 

warehouse tariffs or fees. 

This rule would clarify how BMAS is 

defined in the regulation in 7 CFR 

§ 1423.11 that apply to CCC-approved 

cotton warehouses. As specified in this 

rule, bales made available, but not 

picked up could not be reported as 

BMAS for longer than the first two 

weeks that such bales were made 

available for shipment. There is no such 

time limit in the existing regulations or 

in the existing Cotton Storage 

Agreement between CCC and approved 

warehouses. This rule would clarify 

how BMAS is defined in the 

regulations; a conforming change would 

be made to Amendment 2 of CCC’s 

Cotton Storage Agreement. The storage 

agreement is the agreement between 

CCC and the warehouse on the 

requirements that the warehouse must 

meet for storing cotton that is under 

loan to CCC. The standard cotton 

storage agreement form and the 

subsequent amendments are available 

on FSA’s Web site at http://

www.fsa.usda.gov/FSA/

webapp?area=home&subject=coop

&topic=was-ca. 

There is no expected cost to 

warehouses or CCC of reporting BMAS 

as specified in this rule. The rule would 

only change how bales made available, 

but not picked up by the shipper are 

reported by the warehouse operator to 

CCC in the weekly report; it does not 

change warehouse tariffs or restocking 

fees. 

This change is intended to make the 

flow of cotton from U.S. producers and 

cotton warehouses to shippers, and 

ultimately to cotton merchants, more 

efficient based upon more accurately 

knowing and reporting what cotton is 

available for shipment. Availability and 

consistent supply of cotton are crucial 

for the U.S. cotton industry in 

competition with other cotton 

producing nations, and having accurate 

information about bales available for 

shipment contributes to an efficient 

supply of U.S. cotton. 

Executive Order 12866 

The Office of Management and Budget 

(OMB) designated this proposed rule as 

not significant under Executive Order 

12866 and, therefore, OMB has not 

reviewed this rule. 

Clarity of the Regulations 

Executive Order 12866, as 

supplemented by Executive Order 

13563, requires each agency to write all 

rules in plain language. In addition to 

your substantive comments on this 

proposed rule, we invite your comments 

on how to make it easier to understand. 

For example: 


emcdonald on DSK67QTVN1PROD with PROPOSALS
59290 Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Proposed Rules 

• Are the requirements in the rule 

clearly stated? Are the scope and intent 

of the rule clear? 

• Does the rule contain technical 

language or jargon that is not clear? 

• Is the material logically organized? 

• Would changing the grouping or 

order of sections or adding headings 

make the rule easier to understand? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

• Would more, but shorter, sections 

be better? Are there specific sections 

that are too long or confusing? 

• What else could we do to make the 

rule easier to understand? 

Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act (5 U.S.C. 601), CCC is 

certifying that this proposed rule would 

not have a significant economic effect 

on a substantial number of small 

entities. New provisions in this rule 

would not impact a substantial number 

of small entities to a greater extent than 

large entities. Therefore, CCC certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Environmental Review 

The environmental impacts of this 

proposed rule have been considered in 

a manner consistent with the provisions 

of the National Environmental Policy 

Act (NEPA, 42 U.S.C. 4321–4347), the 

regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and FSA regulations for 

compliance with NEPA (7 CFR part 

799). This proposed rule would only 

change how bales not picked up are 

counted in the weekly report to CCC 

and does not change the structure or 

goals of the program and can be 

considered simply administrative in 

nature. Therefore, FSA has determined 

that NEPA does not apply to this 

proposed rule and no environmental 

assessment or environmental impact 

statement will be prepared. 

Executive Order 12372 

This proposed rule is not subject to 

Executive Order 12372, 

Intergovernmental Review of Federal 

Programs, which requires 

intergovernmental consultation with 

State and local officials. This proposed 

rule does not address a program; it 

proposes to revise the rule that regulates 

warehouses as they are involved in CCC 

programs. See the notice related to 7 

CFR part 3015, subpart V, published in 

the Federal Register on June 24, 1983 

(48 FR 29115). 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This proposed rule is 

not retroactive and would not preempt 

State or local laws, regulations, or 

policies unless they represent an 

irreconcilable conflict with this 

proposed rule. Before any judicial 

action may be brought regarding 

provisions of this proposed rule, the 

administrative appeal provisions of 7 

CFR parts 11 and 780 must be 

exhausted. 

Executive Order 13132 

The policies contained in this 

proposed rule would not have any 

substantial direct effect on States, on the 

relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Nor would this 

proposed rule impose substantial direct 

compliance costs on State and local 

governments. Therefore, consultation 

with the States is not required. 

Executive Order 13175 

This proposed rule has been reviewed 

for compliance with Executive Order 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments.’’ 

Executive Order 13175 imposes 

requirements on the development of 

regulatory policies that have Tribal 

implications or preempt Tribal laws. 

The USDA Office of Tribal Relations has 

concluded that the policies contained in 

this rule do not have Tribal implications 

that preempt Tribal law. FSA continues 

to consult with Tribal officials to have 

a meaningful consultation and 

collaboration on the development and 

strengthening of FSA regulations. 

Unfunded Mandates 

Title II of the Unfunded Mandate 

Reform Act of 1995 (UMRA, Pub. L. 

104–4) requires Federal agencies to 

assess the effects of their regulatory 

actions on State, local, or tribal 

governments or the private sector. 

Agencies generally must prepare a 

written statement, including a cost 

benefit analysis, for proposed and final 

rules with Federal mandates that may 

result in expenditures of $100 million or 

more in any 1 year for State, local, or 

tribal governments, in the aggregate, or 

to the private sector. UMRA generally 

requires agencies to consider 

alternatives and adopt the more cost 

effective or least burdensome alternative 

that achieves the objectives of the rule. 

This rule contains no Federal mandates 

as defined by Title II of UMRA for State, 

local, or tribal governments or for the 

private sector. Therefore, this rule is not 

subject to the requirements of sections 

202 and 205 of UMRA. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule under the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, (Pub. L. 104–121, 

SBREFA). Therefore, CCC is not 

required to delay the effective date for 

60 days from the date of publication to 

allow for Congressional review. 

Paperwork Reduction Act 

The cotton information covered in 

this proposed rule is the weekly 

reporting of BMAS by cotton 

warehouses. BMAS is reported through 

the Electronic Warehouse Receipt 

(EWR) system, to which FSA has access. 

EWR is operated by a private company 

and generally contains information that 

is exempt from the Paperwork 

Reduction Act (44 U.S.C. Chapter 35) 

because it is usual and customary 

business information. The proposed 

change in the regulation would not 

change the burden associated with 

reporting BMAS, which is required to be 

reported weekly. The only thing that 

would change is which bales are 

required to be included in the 

calculation of the total BMAS for that 

week. EWR is approved under OMB 

control number 0560–0120. 

E-Government Act Compliance 

CCC is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

Information technologies to provide 

increased opportunities for citizen 

access to Government Information and 

services, and for other purposes. 

List of Subjects in 7 CFR Part 1423 

Agricultural commodities, Honey, 

Oilseeds, Reporting and recordkeeping 

requirements, Surety bonds, 

Warehouses. 

For the reasons discussed above, CCC 

proposes to amend 7 CFR part 1423 as 

follows: 

PART 1423—COMMODITY CREDIT 

CORPORATION APPROVED 

WAREHOUSES 

■ 1. The authority for part 1423 

continues to read as follows: 

Authority: 15 U.S.C. 714b and 714c. 

■ 2. Revise § 1423.11 (b)(1)(ii) to read as 

follows: 

§ 1423.11 Delivery and shipping standards 

for cotton warehouses. 

* * * * * 

(b) * * * 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Proposed Rules 59291 

(1) * * * 

(ii) Were scheduled and ready for 

delivery in a previous week, but were 

not picked up by the shipper and 

remain available for immediate loading 

and another shipping date has not been 

established, or such bales are not subject 

to a restocking fee as provided in the 

warehouse operator’s public tariff. Bales 

that have been available for delivery but 

not picked up may be counted as BMAS 

for no longer than the first two weeks 

that such bales have been made 

available for delivery but not yet picked 

up by the shipper. 

* * * * * 

Signed on August 12, 2013. 

Juan M. Garcia, 

Administrator, Farm Service Agency, and 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2013–23506 Filed 9–25–13; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0342; Directorate 

Identifier 2013–NE–14–AD] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

Deutschland Ltd & Co. KG Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for RollsRoyce Deutschland Ltd & Co. KG (RRD) 

Tay 620–15, 650–15, and 651–54 

turbofan engines. This proposed AD was 

prompted by the discovery that the lowpressure compressor (LPC) fan blades 

leading edges erode in service and 

create an unacceptable blade flutter 

margin. This proposed AD would 

require replacement of LPC fan blades. 

We are proposing this AD to prevent 

LPC fan blade failure, damage to the 

engine, and damage to the airplane. 

DATES: We must receive comments on 

this proposed AD by November 25, 

2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 202–493–2251. 

For service information identified in 

this proposed AD, contact Rolls-Royce 

Deutschland Ltd & Co KG, Eschenweg 

11, Dahlewitz, 15827 BlankenfeldeMahlow, Germany; phone: 49 0 33– 

7086–1200 (direct 1016); fax: 49 0 33– 

7086–1212. You may view this service 

information at the 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

mandatory continuing airworthiness 

information (MCAI), the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (phone: 

800–647–5527) is the same as the Mail 

address provided in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Frederick Zink, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7779; fax: 781–238 

7199; email: frederick.zink@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–2013–0342; Directorate Identifier 

2013–NE–14–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 based on those comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD 2013– 

0143, dated July 12, 2013 (referred to 

hereinafter as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Service history of Tay series engines 

discovered that low pressure compressor 

(LPC) fan blade leading edge could be subject 

of excessive deterioration. The LPC fan blade 

leading edge profile influences the LPC 

aerodynamic characteristics and stability. 

This condition, if not corrected, could reduce 

fan flutter margin and, in some cases, could 

lead to fan blade failure, possibly resulting in 

uncontained release of high energy debris 

with consequent damage to, and/or reduced 

control of, the aeroplane. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Service-history-relevant failure cases 

and a standard leading edge erosion rate 

profile analysis support the requirement 

for replacement of fan blades at the 

cycle intervals listed in the proposed 

AD, to maintain an acceptable fan flutter 

margin. We are proposing this AD to 

prevent LPC fan blade failure, damage to 

the engine, and damage to the airplane. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of Germany, and 

is approved for operation in the United 

States. Pursuant to our bilateral 

agreement with the European 

Community, EASA has 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 provided by EASA and 

determined the unsafe condition exists 

and is likely to exist or develop on other 

products of the same type design. This 

proposed AD would require 

replacement of LPC fan blades at 

specific intervals. 

Costs of Compliance 

We estimate that this proposed AD 

affects 52 engines installed on airplanes 


emcdonald on DSK67QTVN1PROD with PROPOSALS