Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Proposed Rules 64415 

DATES: DOE will continue to accept 

written comments on the SNOPR 

published August 2, 2013 (78 FR 46829) 

submitted electronically or postmarked 

on or before November 29, 2013. The 

second public meeting will be held on 

November 15, 2013, from 9 a.m. to 12 

p.m. at the Washington Grand Hyatt, 

1000 H St. NW., Washington, DC 20001. 

Due to space limitations, DOE asks that 

interested persons send their requests to 

attend this meeting, by no later than 

4:30 p.m. on November 13, 2013. 

ADDRESSES: Interested persons should 

send their requests to attend the second 

public meeting via email to 

Part810.SNOPR@nnsa.doe.gov. DOE 

will confirm its receipt of requests. 

Comments may be submitted on the 

SNOPR, identified by RIN 1994–AA02, 

by any of the following methods: 

1. Federal Rulemaking Portal: http:// 

www.regulations.gov/

#!docketDetail;D=DOE-HQ-2011-0035. 

Follow the instructions for submitting 

comments. 

2. Email: Part810.SNOPR@hq.doe.gov. 

Include RIN 1994–AA02 in the subject 

line of the message. 

3. Mail: Richard Goorevich, Senior 

Policy Advisor, Office of 

Nonproliferation and International 

Security, NA–24, National Nuclear 

Security Administration, Department of 

Energy, 1000 Independence Avenue 

SW., Washington, DC 20585. 

Due to potential delays in DOE’s 

receipt and processing of mail sent 

through the U.S. Postal Service, DOE 

encourages responders to submit 

comments electronically to ensure 

timely receipt. 

All submissions must include the RIN 

for this rulemaking, RIN 1994–AA02. 

For additional information and 

instructions on submitting comments, 

see the ‘‘Public Comment Procedures’’ 

heading of the SUPPLEMENTARY

INFORMATION section of the SNOPR. 

FOR FURTHER INFORMATION CONTACT: 

Richard Goorevich, Senior Policy 

Advisor, Office of Nonproliferation and 

International Security, NA–24, National 

Nuclear Security Administration, 

Department of Energy, 1000 

Independence Avenue SW., 

Washington, DC 20585, telephone 202– 

586–0589; Janet Barsy, Office of the 

General Counsel, GC–53, Department of 

Energy, 1000 Independence Avenue 

SW., Washington, DC 20585, telephone 

202–586–3429; or Katie Strangis, 

National Nuclear Security 

Administration, 1000 Independence 

Avenue SW., Washington, DC 20585, 

telephone 202–586–8623. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Second Public Meeting 

III. Extension of Comment Period 

I. Background 

On September 7, 2011, DOE issued a 

notice of proposed rulemaking (NOPR) 

to propose the first comprehensive 

updating of regulations concerning 

Assistance to Foreign Atomic Energy 

Activities since 1986. (76 FR 55278) The 

NOPR reflected a need to make the 

regulations consistent with current 

global civil nuclear trade practices and 

nonproliferation norms, and to update 

the activities and technologies subject to 

the Secretary of Energy’s specific 

authorization and DOE reporting 

requirements. It also identified 

destinations with respect to which most 

assistance would be generally 

authorized and destinations that would 

require a specific authorization by the 

Secretary of Energy. After careful 

consideration of all comments received, 

DOE published a SNOPR on August 2, 

2013, to respond to those comments, 

propose new or revised rule changes, 

and afford interested parties a second 

opportunity to comment. (78 FR 46829) 

II. Second Public Meeting 

A public meeting on the SNOPR was 

held at the DOE Forrestal Building 

located in Washington, DC, on August 5, 

2013. A second public meeting on the 

SNOPR will be held on November 15, 

2013, from 9 a.m. to 12 p.m. at the 

Washington Grand Hyatt, 1000 H St, 

NW Washington, DC, 20001. Interested 

persons should send their requests to 

attend the second public meeting via 

email to Part810.SNOPR@nnsa.doe.gov. 

DOE will confirm its receipt of requests. 

Persons interested in giving an oral 

presentation at the second public 

meeting should provide a daytime 

phone number where the person can be 

reached in the email requesting 

attendance. Each oral presentation may 

be limited and may in no instance be 

longer than 20 minutes. Persons making 

an oral presentation are requested to 

provide 3 copies of their prepared 

statement to the public meeting and 

submit it at the registration desk. DOE 

reserves the right to select the persons 

who will speak. DOE also reserves the 

right to schedule speakers’ presentations 

and to establish the procedures for 

conducting the meeting. A DOE official 

will be designated to preside at the 

meeting. 

The meeting will not be a judicial or 

evidentiary-type hearing. Any further 

procedural rules for the conduct of the 

meeting will be announced by the 

presiding official. After the public 

meeting, interested persons may submit 

comments until the end of the comment 

period. A transcript of the meeting will 

be made, and the entire record of this 

rulemaking will be retained by DOE and 

posted at regulations.gov. 

III. Extension of Comment Period 

Due to the lapse in the fiscal year 

2014 appropriation and associated 

impacts on government operations, the 

Department will extend the comment 

period to November 29, 2013. The 

extension will facilitate conducting the 

second public meeting and afford 

additional time for the public to review 

and comment on the SNOPR. 

As provided in the SNOPR, if you 

submit information that you believe to 

be exempt by law from public 

disclosure, you should submit one 

complete copy, as well as one copy from 

which the information claimed to be 

exempt by law from public disclosure 

has been deleted. DOE is responsible for 

the final determination with regard to 

disclosure or nondisclosure of the 

information and for treating it 

accordingly under the DOE Freedom of 

Information regulations at 10 CFR 

1004.11. 

Issued in Washington, DC, on October 23, 

2013. 

Richard Goorevich, 

Senior Policy Advisor. 

[FR Doc. 2013–25551 Filed 10–28–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR part 25 

[Docket No. FAA–2013–0890; Notice No. 25– 

13–10–SC] 

Special Conditions: Airbus, Model 

A350–900 Series Airplane; Ground 

Pivoting Loads 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for Airbus Model A350–900 

series airplanes. These airplanes will 

have a novel or unusual design 

feature(s) associated with a braking 

system that affects the airplane’s 

pivoting behavior. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These proposed 

special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

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64416 Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Proposed Rules 

that established by the existing 

airworthiness standards. 

DATES: Send your comments on or 

before December 13, 2013. 

ADDRESSES: Send comments identified 

by docket number FAA–2013–0890 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot 

.gov/. 

Docket: Background documents or 

comments received may be read at http: 

//www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Todd Martin, FAA, Airframe/Cabin 

Safety, ANM–115, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue SW., 

Renton, Washington, 98057–3356; 

telephone (425) 227–1178; facsimile 

(425) 227–1320. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the proposed special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will consider all comments we 

receive on or before the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On August 25, 2008, Airbus applied 

for a type certificate for their new Model 

A350–900 series airplane. Later, Airbus 

requested and the FAA approved an 

extension to the application for FAA 

type certification to June 28, 2009. The 

Model A350–900 series airplane has a 

conventional layout with twin wingmounted Rolls-Royce Trent engines. It 

features a twin aisle 9-abreast economy 

class layout, and accommodates side-byside placement of LD–3 containers in 

the cargo compartment. The basic 

Model A350–900 series configuration 

will accommodate 315 passengers in a 

standard two-class arrangement. The 

design cruise speed is Mach 0.85 with 

a Maximum Take-Off Weight of 602,000 

lbs. Airbus proposes the Model A350– 

900 series airplane to be certified for 

extended operations (ETOPS) beyond 

180 minutes at entry into service for up 

to a 420-minute maximum diversion 

time. 

The Airbus Model A350–900 series 

airplane is equipped with a braking 

system that affects the airplane’s 

pivoting behavior. During pivoting the 

braking system inhibits braking on some 

wheels. Title 14 Code of Federal 

Regulations (14 CFR) 25.503 and 

European Aviation Safety Agency 

(EASA) Certification Specification (CS) 

section 25.503, each specify limit loads 

due to pivoting, however, system effects 

are not taken into account. 

Type Certification Basis 

Under Title 14, Code of Federal 

Regulations (14 CFR) 21.17, Airbus must 

show that the Model A350–900 series 

meets the applicable provisions of 14 

CFR part 25, as amended by 

Amendments 25–1 through 25–128. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Model A350–900 series because 

of a novel or unusual design feature, 

special conditions are prescribed under 

§ 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design feature, the proposed 

special conditions would also apply to 

the other model under § 21.101. 

In addition to the applicable 

airworthiness regulations and proposed 

special conditions, the Model A350–900 

series must comply with the fuel vent 

and exhaust emission requirements of 

14 CFR part 34 and the noise 

certification requirements of 14 CFR 

part 36 and the FAA must issue a 

finding of regulatory adequacy under 

§ 611 of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, under § 11.38, 

and they become part of the typecertification basis under § 21.17(a)(2). 

Novel or Unusual Design Features 

The Airbus Model A350–900 series 

airplane will incorporate the following 

novel or unusual design features: a 

braking system that affects the airplane’s 

pivoting behavior. 

Discussion 

Within the Aviation Rulemaking 

Advisory Committee, the Loads and 

Dynamics Harmonization Working 

Group developed criteria for 

determining pivoting loads. The group 

recommended, for airplanes with more 

than two main landing gear units, a 

rational pivoting maneuver that takes 

into account the effects of the braking 

system and tire characteristics, in lieu of 

the current requirement. Although the 

Airbus Model A350–900 series airplane 

has two main landing gear units, EASA 

and the FAA propose to apply the same 

criteria on this airplane. 

Applicability 

As discussed above, these proposed 

special conditions apply to Airbus 

Model A350–900 series airplanes. 

Should Airbus apply later for a change 

to the type certificate to include another 

model incorporating the same novel or 

unusual design feature, the proposed 

special conditions would apply to that 

model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on the Airbus 

Model A350–900 series airplanes. It is 

not a rule of general applicability. 

List of Subjects in 14 CFR part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

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Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Proposed Rules 64417 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for Airbus 

Model A350–900 series airplanes in lieu 

of § 25.503: 

1. The main landing gear and 

supporting structure must be designed 

for the loads induced by pivoting during 

ground maneuvers. 

(a) The following rational pivoting 

maneuvers must be considered: 

(i) Towing at the nose gear at the 

critical towing angle with no brakes 

applied, including cases with torque 

links disconnected; and separately, 

(ii) Application of symmetrical or 

unsymmetrical forward thrust to aid 

pivoting, with or without braking by 

pilot action on the pedals. 

(b) The airplane is assumed to be in 

static equilibrium, with the loads being 

applied at the ground contact points. 

(c) The limit vertical load factor must 

be 1.0, and: 

(i) For wheels with brakes applied, 

the coefficient of friction must be 0.8, 

(ii) For wheels with brakes not 

applied, the ground tire reactions must 

be based on reliable tire data. 

Issued in Renton, Washington, on 

September 12, 2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–25398 Filed 10–28–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0393; Directorate 

Identifier 2012–CE–025–AD] 

RIN 2120–AA64 

Airworthiness Directives; Twin 

Commander Aircraft LLC Airplanes; 

Initial Regulatory Flexibility Analysis 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Availability of an initial 

regulatory flexibility analysis. 

SUMMARY: This document announces the 

availability of and request for comments 

on the initial regulatory flexibility 

analysis for the previously published 

Airworthiness Directive (AD) 2013–09– 

05 that applies to certain Twin 

Commander Aircraft LLC Models 690, 

690A, and 690B airplanes. AD 2013–09– 

05 requires inspection for cracking of 

the outer fuselage attachments, the 

lower wing main spar, the vertical 

channels, the upper picture window 

channels, aft cabin pressure web, 

external wing to fuselage fillets, and 

fasteners; repair or replacement of 

damaged parts as necessary; and 

modification of the structure with 

reinforced parts. 

DATES: Comments must be received on 

or before December 13, 2013. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Arrigotti, Aerospace Engineer, 

FAA, Seattle Aircraft Certification 

Office (ACO), Airframe Branch, ANM– 

120S, 1601 Lind Avenue SW., Renton, 

WA 98057; telephone: (425) 917–6426; 

fax: (425) 917–6590; email: 

kathleen.arrigotti@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued AD 2013–09–05; 

Amendment 39–17446, which was 

published in the Federal Register on 

May 14, 2013 (78 FR 28125) (‘‘AD 2013– 

09–05’’), to amend 14 CFR part 39 to 

add an AD that would apply to the 

specified products. AD 2013–09–05 

requires inspection for cracking of the 

outer fuselage attachments, the lower 

wing main spar, the vertical channels, 

the upper picture window channels, aft 

cabin pressure web, external wing to 

fuselage fillets, and fasteners; repair or 

replacement of damaged parts as 

necessary; and modification of the 

structure with reinforced parts. 

Reason for This Action 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration. The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a proposed or final 

rule will have a significant economic 

impact on a substantial number of small 

entities. In accordance with Section 608 

of the Regulatory Flexibility Act, an 

agency head may waive or delay 

completion of some or all of the 

requirements of Section 603 by 

providing a written finding that the final 

rule is being promulgated in response to 

an emergency that makes compliance or 

timely compliance with the provisions 

of Section 603 impracticable. The 

agency issued AD 2013–09–05 in 

response to an immediate safety of flight 

condition that made compliance with 

the provisions of Section 603 

impracticable. After issuing AD 2013– 

09–05, the agency reviewed the AD 

actions and determined that the final 

rule did have a significant economic 

impact on a substantial number of small 

entities. The following presents the 

initial regulatory flexibility analysis 

prepared by the agency as described in 

the RFA. 

1. Reason for Agency Action 

We issued AD 2013–09–05 for certain 

Twin Commander Aircraft LLC Models 

690, 690A, and 690B airplanes. The AD 

requires inspection for cracking of the 

outer fuselage attachments, the lower 

wing main spar, the vertical channels, 

the upper picture window channels, aft 

cabin pressure web, external wing to 

fuselage fillets, and fasteners; repair or 

replacement of damaged parts as 

necessary; and modification of the 

structure with reinforced parts. The AD 

was prompted by cracks found in the 

upper picture window frame channels, 

left- and right-hand wing main spar 

frame support channels, and aft 

pressure bulkhead web. This condition, 

if not corrected, could result in 

structural failure of the airplane. We 

issued the AD to correct the unsafe 

condition on these products. 

2. Legal Basis and Objectives of the 

Final Rule 

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 

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