Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations 9309 

informational impacts of this action on 

small businesses. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0178 Vegetable 

and Specialty Crops. No changes in 

those requirements as a result of this 

action are necessary. Should any 

changes become necessary, they would 

be submitted to OMB for approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Florida tomato 

handlers. As with all Federal marketing 

order programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

AMS 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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May at 

the previously-mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2012–13 fiscal period 

began on August 1, 2012, and the 

marketing order requires that the rate of 

assessment for each fiscal period apply 

to all assessable Florida tomatoes 

handled during such fiscal period; (2) 

this action decreases the assessment rate 

for assessable Florida tomatoes 

beginning with the 2012–13 fiscal 

period; (3) handlers are aware of this 

action which was unanimously 

recommended by the Committee at a 

public meeting and is similar to other 

assessment rate actions issued in past 

years; and (4) this interim rule provides 

a 60-day comment period, and all 

comments timely received will be 

considered prior to finalization of this 

rule. 

List of Subjects in 7 CFR Part 966 

Marketing agreements, Reporting and 

recordkeeping requirements, Tomatoes. 

For the reasons set forth in the 

preamble, 7 CFR part 966 is amended as 

follows: 

PART 966—TOMATOES GROWN IN 

FLORIDA 

■ 1. The authority citation for 7 CFR 

part 966 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 966.234 is revised to read 

as follows: 

§ 966.234 Assessment rate. 

On and after August 1, 2012, an 

assessment rate of $0.024 per 25-pound 

carton is established for Florida 

tomatoes. 

Dated: February 4, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–02816 Filed 2–7–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0746; Directorate 

Identifier 2008–SW–035–AD; Amendment 

39–17337; AD 2013–03–03] 

RIN 2120–AA64 

Airworthiness Directives; MD 

Helicopters, Inc., Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for MD 

Helicopters, Inc. (MDHI) Model 500N, 

600N and MD900 helicopters to require 

determining the cure date for each 

NOTAR fan blade tension-torsion strap 

(T–T strap), establishing a calendar-time 

retirement life for certain T–T straps, 

reducing the retirement life of certain 

T–T straps, marking each T–T strap 

with the expiration date, creating a 

component record card for each T–T 

strap, and revising the airworthiness 

limitations section of the maintenance 

manual to reflect the changes to the 

retirement life. This AD was prompted 

by a report from the T–T strap 

manufacturer that, over a period of time, 

moisture may reduce the strength of a 

T–T strap. The actions are intended to 

prevent failure of a T–T strap, loss of 

directional control and subsequent loss 

of control of the helicopter. 

DATES: This AD is effective March 15, 

2013. 

ADDRESSES: For service information 

identified in this AD, contact MD 

Helicopters, Inc., Attn: Customer 

Support Division, 4555 E. McDowell 

Rd., Mail Stop M615, Mesa, Arizona 

85215–9734, telephone 1–800–388– 

3378, fax 480–346–6813, or on the web 

at http://www.mdhelicopters.com. You 

may review a copy of the referenced 

service information at the FAA, Office 

of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 

663, Fort Worth Texas 76137. 

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 AD, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: John 

Cecil, Aviation Safety Engineer, Los 

Angeles Aircraft Certification Office, 

Transport Airplane Directorate, FAA, 

3960 Paramount Blvd., Lakewood, 

California 90712; telephone (562) 627– 

5228; email john.cecil@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On July 19, 2012, at 77 FR 42459, the 

Federal Register published our notice of 

proposed rulemaking (NPRM), which 

proposed to amend 14 CFR part 39 to 

include an AD that would apply to 

MDHI Model 500N and 600N 

helicopters with a NOTAR fan blade T– 

T strap part number (P/N) 500N5311–5 

and MDHI Model MD900 helicopters 

with a T–T strap, P/N 500N5311–5, P/ 

N 900R3442009–101, P/N 

900R3442009–103, or P/N 


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9310 Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations 

900R6442009–103. That NPRM 

proposed to require determining the 

cure date for each T–T strap, 

establishing a calendar-time retirement 

life for certain T–T straps, reducing the 

retirement life of certain T–T straps, 

marking each T–T strap with the 

expiration date, creating a component 

record card for each T–T strap, and 

revising the airworthiness limitations 

section of the maintenance manual to 

reflect the changes to the retirement life. 

This AD was prompted by information 

from the T–T strap manufacturer 

indicating that, over time, the T–T 

straps can absorb moisture, which can 

weaken the T–T strap and cause it to 

fail. The proposed requirements were 

intended to prevent failure of a T–T 

strap, loss of directional control and 

subsequent loss of control of the 

helicopter. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we received no comments on the NPRM 

(77 FR 42459, July 19, 2012). 

FAA’s Determination 

We have reviewed the relevant 

information and determined that an 

unsafe condition exists and is likely to 

exist or develop on other products of 

these same type designs and that air 

safety and the public interest require 

adopting the AD requirements as 

proposed. 

Related Service Information 

We have reviewed one MDHI service 

bulletin, which contains two service 

bulletin numbers, SB500N–029R3, 

applicable to MDHI Model 500N 

helicopters; and SB600N–046R3, 

applicable to MDHI Model 600N 

helicopters, dated July 9, 2008. We have 

also reviewed MDHI SB900–107R1, 

dated March 14, 2008, applicable to 

MDHI Model MD900 helicopters. The 

service bulletins describe procedures for 

establishing a retirement life for each 

affected T–T strap by determining the 

manufacturer’s cure date and marking 

the T–T strap with an expiration date; 

creating a component record card for 

each affected T–T strap; replacing T–T 

straps that have been in service beyond 

their revised life limit; and recording 

compliance with the service information 

in the Rotorcraft Log Book. 

Differences Between This AD and the 

Service Information 

This AD differs from the previously 

described service bulletins as follows: 

• This AD contains requirements for 

T–T straps that are installed or will be 

installed on the affected helicopters, but 

does not address a part that is in storage. 

• For a T–T strap with five or more 

calendar years from the manufacturer’s 

cure date, this AD requires, before 

further flight, replacing the T–T strap 

with an airworthy T–T strap. The 

service bulletins specify the T–T strap 

to be replaced within six, 12, or 24 

months, depending on the 

manufacturing cure date. 

• The service bulletins specify 

sending removed parts to the 

manufacturer. This AD does not require 

such action. 

• This AD requires reducing the life 

limit for any T–T strap, P/N 500N5311– 

5, to 2500 hours TIS if the T–T strap has 

been installed on a MDHI Model MD900 

helicopter. 

Costs of Compliance 

We estimate that this AD will affect 

111 helicopters of U.S. Registry, 

including 73 helicopters in the 

combined MDHI Model 500N and MDHI 

Model 600N fleet, and 38 MDHI Model 

MD900 helicopters. Determining the 

manufacturer’s cure date, the expiration 

date, marking an expiration date on the 

T–T strap, creating the component 

record card, revising the applicable 

airworthiness limitations section of the 

maintenance manual, and re-installing 

the T–T strap will take about 40 workhours per helicopter for Model 500N 

and Model 600N helicopters, and 32 

work-hours per helicopter for Model 

MD900 helicopters, at an average labor 

rate of $85 per work-hour. Required 

parts will cost about $1,340 per T–T 

strap. Based on these figures, the total 

cost impact of the AD on U.S. operators 

will be about $543,180 for the entire 

fleet, assuming all T–T straps will be 

marked, and assuming 11 helicopters 

will need T–T straps replaced (13 T–T 

straps per helicopter). 

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 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 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. 

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): 

2013–03–03 MD Helicopters, Inc. (MDHI): 

Amendment 39–17337; Docket No. 

FAA–2012–0746; Directorate Identifier 

2008–SW–035–AD. 

(a) Applicability 

MDHI Model 500N and 600N helicopters, 

with a NOTAR fan blade tension-torsion 

strap (T–T strap), part number (P/N) 

500N5311–5; and MDHI Model MD900 

helicopters, with a T–T strap, P/N 

500N5311–5, P/N 900R3442009–101, P/N 

900R3442009–103, or P/N 900R6442009– 

103; certificated in any category. 


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Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations 9311 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

decrease, over time, in the strength of a T– 

T strap caused by moisture. This condition 

could result in failure of a T–T strap, loss of 

directional control, and subsequent loss of 

control of the helicopter. 

(c) Effective Date 

This AD becomes effective March 15, 2013. 

(d) 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. 

(e) Required Actions 

(1) Within six months, determine the 

manufacturer’s cure date of each of the 13 T– 

T straps. 

(i) For a T–T strap with five or more 

calendar years from the manufacturer’s cure 

date, before further flight, replace the T–T 

strap with an airworthy T–T strap. 

(ii) For a T–T strap with less than five 

calendar years from the manufacturer’s cure 

date, mark the expiration date on the T–T 

strap face in permanent ink. 

(2) Thereafter, before installing a T–T strap, 

mark the expiration date on the T–T strap 

using permanent ink. The expiration date is 

five years from the date the T–T strap 

package was opened, or if that date was not 

recorded, five years from the manufacturer’s 

cure date. 

(3) On or before the date you comply with 

paragraph (e)(1) or (e)(2) of this AD, create a 

component record card for each T–T strap 

and record on the card the manufacturer’s 

cure date or the date that the T–T strap 

package was opened, if that date was 

recorded previously, and the T–T strap 

expiration date. 

(4) Revise the Airworthiness Limitations 

section of the maintenance manual by 

establishing: 

(i) A calendar life limit for the T–T straps, 

P/N 500N5311–5, 900R3442009–101, 

900R3442009–103, and 900R6442009–103 of 

five years from the date the T–T strap 

package was opened, or if that date was not 

recorded, five years from the manufacturer’s 

cure date. 

(ii) A 2,500 hour time-in-service (TIS) life 

limit for any T–T straps, P/N 500N5311–5, 

installed on a Model 500N or Model 600N 

helicopter that was previously installed on a 

Model MD900 helicopter. 

Note to paragraph (e) of this AD: For the 

MDHI Model MD900 helicopters, AD 2006– 

18–01 (71 FR 51095, August 29, 2006) 

contains additional TIS life limits for T–T 

straps, P/N 900R3442009–103 and P/N 

900R6442009–103 and additional inspection 

requirements for all four affected T–T straps, 

P/N 500N5311–5, P/N 900R3442009–101, P/ 

N 900R3442009–103, and P/N 900R6442009– 

103. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Los Angeles Aircraft 

Certification Office, FAA, may approve 

AMOCs for this AD. Send your proposal to: 

John Cecil, Aviation Safety Engineer, Los 

Angeles Aircraft Certification Office, 

Transport Airplane Directorate, FAA, 3960 

Paramount Blvd., Lakewood, California 

90712; telephone (562) 627–5228; email 

john.cecil@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 

MDHI has issued one service bulletin with 

two numbers, SB500N–029R3 for the Model 

500N helicopters, and SB600N–046R3 for the 

Model 600N helicopters, dated July 9, 2008. 

MDHI has also issued SB900–107R1, dated 

March 14, 2008, for the Model MD900 

helicopters. These service bulletins, which 

are not incorporated by reference, contain 

information related to the subject of this AD. 

For service information identified in this AD, 

contact MD Helicopters, Inc., Attn: Customer 

Support Division, 4555 E. McDowell Rd., 

Mail Stop M615, Mesa, Arizona 85215–9734, 

telephone 1–800–388–3378, fax 480–346– 

6813, or on the web at http:// 

www.mdhelicopters.com. You may review a 

copy of this service information at the FAA, 

Office of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6410, Tail rotor blades. 

Issued in Fort Worth, Texas, on January 29, 

2013. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–02582 Filed 2–7–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910, 1915, and 1926 

[Docket No. OSHA–H022K–2006–0062 

(formerly Docket No. H022K)] 

RIN 1218–AC20 

Hazard Communication; Corrections 

and Technical Amendment 

AGENCY: Occupational Safety and Health 

Administration (OSHA), DOL. 

ACTION: Final rule: correction and 

technical amendment. 

SUMMARY: OSHA is correcting its 

regulations that were amended by the 

Hazard Communication Standard final 

rule, published in the Federal Register 

on March 26, 2012. The majority of the 

corrections are to references 

inadvertently missed in the original 

publication of the final rule. Other 

corrections include correcting values or 

notations in tables, and updating 

references to terms. 

DATES: Effective: February 8, 2013. 

FOR FURTHER INFORMATION CONTACT:

Press inquiries: Frank Meilinger, 

Director, Office of Communications, 

OSHA, Room N–3647, U.S. Department 

of Labor, 200 Constitution Avenue NW., 

Washington, DC 20210; telephone (202) 

693–1999. 

General and technical information: 

Dorothy Dougherty, Director, Directorate 

of Standards and Guidance, OSHA, 

Room N–3718, U.S. Department of 

Labor, 200 Constitution Avenue NW., 

Washington, DC 20210; telephone (202) 

693–1950. 

SUPPLEMENTARY INFORMATION:

I. Background 

This notice corrects certain minor 

errors in the revisions to OSHA’s 

Hazard Communication Standard, 

published at 77 FR 17574. The majority 

of these corrections change references in 

other OSHA standards made to 

‘‘material safety data sheet’’ or ‘‘MSDS’’ 

to ‘‘safety data sheet’’ or ‘‘SDS,’’ which 

OSHA inadvertently missed in its 

original publication of the final rule. 

Other corrections include correcting 

values or notations in tables, and 

updating references to terms defined in 

the Hazard Communication Standard 

Final Rule, published on March 26, 

2012. 

Correction of Publication 

The following corrections are made to 

the preamble to the final rule for the 

Hazard Communication Standard, 

published in the Federal Register on 

March 26, 2012 (77 FR 17574). 

1. In the Preamble, on p. 17686, in the 

third column, the seventh paragraph 

Estimated Total Burden Hours: 11.3 

million hours is revised to read 

Estimated Total Burden Hours: 

10,689,248 hours. 

2. In the Preamble, on p. 17755, in the 

third column, in the first paragraph the 

name ‘‘David Levine’’ is corrected to 

read ‘‘Daniel Levine’’. 

3. In the Preamble, on p. 17712, Table 

XIII–1, the ‘‘>20%’’ value for Specific 

target organ toxicity Category 3 is 

corrected to read ‘‘≥20%’’ (both 

columns). 

4. In the Preamble, on p. 17751, Table 

XIII–5, Health Effects Column for 

Standard No. 1910.1051. ‘‘Cancer; eye 

and respiratory tract irritation; center 

nervous system effects; and 

flammability’’ is corrected to read 


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