79256 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–3956; Directorate 

Identifier 2015–CE–032–AD; Amendment 

39–18345; AD 2015–25–07] 

RIN 2120–AA64 

Airworthiness Directives; Alpha 

Aviation Concept Limited Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2008–09– 

01 for certain Alpha Aviation Concept 

Limited Model R2160 airplanes. This 

AD results from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as a need to revise the 

maintenance program to include the 

revised airworthiness limitations for the 

internal wing structure and wing 

attachment inspections. We are issuing 

this AD to require actions to address the 

unsafe condition on these products. 

DATES: This AD is effective January 25, 

2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of January 25, 2016. 

ADDRESSES: You may examine the AD 

docket on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

3956; or in person at the Docket 

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 service information identified in 

this final rule, contact Alpha Aviation 

Holdings Limited, Steele Road, RD 2 

Hamilton Airport, Hamilton 3282, New 

Zealand, telephone: +64 7 843 9877; fax: 

+64 7 929 2878; Internet: http://

www.alphaaviation.co.nz/. You may 

view this referenced service information 

at the FAA, Small Airplane Directorate, 

901 Locust, Kansas City, Missouri 

64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. It is also available 

on the Internet at http://

www.regulations.gov by searching for 

Docket No. FAA–2015–3956. 

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4123; fax: (816) 

329–4090; email: karl.schletzbaum@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Alpha Aviation Concept 

Limited Model R2160 airplanes. That 

NPRM was published in the Federal 

Register on September 25, 2015 (80 FR 

57753), and proposed to supersede AD 

2008–09–01, Amendment 39–15481 (73 

FR 21519, April 22, 2008). 

Since we issued AD 2008–09–01, 

Amendment 39–15481 (73 FR 21519, 

April 22, 2008), Alpha Aviation Concept 

Limited developed a longer life limit for 

the wing structure and wing 

attachments and transferred the life 

limit information from the related 

service information to the airplane 

maintenance manual. Subsequently, 

Alpha Aviation Concept Limited 

discovered that the analysis that 

allowed the life limit increase was 

incorrect and the previous life limit and 

inspection provisions of the related 

service bulletin should be retained. 

The NPRM proposed to correct an 

unsafe condition for the specified 

products and was based on mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country. The Civil 

Aviation Authority (CAA), which is the 

aviation authority for New Zealand, has 

issued AD DCA/R2000/43, dated August 

7, 2015 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states that: 

This AD introduces a change to the 

airworthiness limitations for the internal 

wing structure and wing attachment 

inspections. These inspection intervals were 

increased and added to Section 3.2— 

Airworthiness Limitations of the applicable 

Service Manual in January 2015. Section 3.2 

of the respective Service Manuals has now 

been revised to revert to the original 

inspection intervals. 

You may examine the MCAI on the 

Internet at http://www.regulations.gov/

#!documentDetail;D=FAA-2015-3956- 

0002. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (80 

FR 57753, September 25, 2015) 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 the AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (80 FR 

57753, September 25, 2015) for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (80 FR 57753, 

September 25, 2015). 

Related Service Information Under 

1 CFR Part 51 

Alpha Aviation Concept Limited has 

revised its Alpha Aviation APEX R2000 

Service Manual, S/N 001 to 378, and 

Alpha Aviation R2000 Service Manual. 

The updated service manuals include a 

revision to Section 3: Airworthiness 

Limitations, Time Limits, & 

Maintenance Inspections, Issued August 

2015, that adds periodic internal wing 

structure and wing attachment 

inspections. These revisions to the 

Airworthiness Limitations section of the 

applicable service manuals are 

reasonably available because the 

interested parties have access to them 

through their normal course of business 

or by the means identified in the 

ADDRESSES section. 

Costs of Compliance 

We estimate that this AD will affect 9 

products of U.S. registry. We also 

estimate that it will take about 3 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of this AD on U.S. operators to 

be $2,295, or $255 per product. 

In addition, we estimate that any 

necessary follow-on actions will take 

about 12 work-hours and require parts 

costing $1,326, for a cost of $2,346 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

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 


Lhorne on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Rules and Regulations 79257 

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 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 this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

the 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

3956 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 the NPRM, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone (800) 647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

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 Amendment 39–15481 (73 FR 

21519, April 22, 2008) and adding the 

following new AD: 

2015–25–07 Alpha Aviation Concept 

Limited: Amendment 39–18345; Docket 

No. FAA–2015–3956; Directorate 

Identifier 2015–CE–032–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective January 25, 2016. 

(b) Affected ADs 

This AD supersedes AD 2008–09–01, 

Amendment 39–15481 (73 FR 21519, April 

22, 2008) (‘‘AD 2008–09–01’’). 

(c) Applicability 

This AD applies to Alpha Aviation 

Concept Limited Model R2160 airplanes, 

serial numbers (S/Ns) 001 through 378, and 

160A–06001 and subsequent, certificated in 

any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 5: Time Limits. 

(e) Reason 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

originated by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

describes the unsafe condition as a need to 

revise the maintenance program to include 

the revised airworthiness limitations for the 

internal wing structure and wing attachment 

inspections. We are issuing this AD to 

prevent failure of the wing structure and 

fuselage attachment due to undetected 

fatigue and corrosion. 

(f) Actions and Compliance 

Unless already done, before further flight 

after January 25, 2016 (the effective date of 

this AD), insert the following into the 

Airworthiness Limitations section of the 

FAA-approved maintenance program (e.g., 

maintenance manual). These revisions to the 

Limitations sections incorporate the wing 

spar inspection upon the accumulation of 

3,500 hours time-in-service (TIS) and require 

a repetitive inspection thereafter every 750 

hours TIS (the requirements of AD 2008–09– 

01): 

(1) For S/Ns 001 through 378: Insert 

paragraph 3.4.9, Wing 3500 hr Inspection, on 

pages 3–3 and 3–4, dated August 2015, of 

Section 3: Airworthiness Limitations, Time 

Limits, & Maintenance Inspections, dated 

August 2015, of the APEX R2000 Service 

Manual S/N 001 to 378, Alpha Aviation Ltd. 

(2) For S/Ns 160A–06001 and subsequent: 

Insert paragraph 3.4.9, Wing 3500 hr 

Inspection, on pages 3–3 and 3–4, dated 

August 2015, of Section 3: Airworthiness 

Limitations, Time Limits, & Maintenance 

Inspections, all dated August 2015, of the 

R2000 Service Manual, Alpha Aviation Ltd. 

(g) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090; email: karl.schletzbaum@faa.gov. 

Before using any approved AMOC on any 

airplane to which the AMOC applies, notify 

your appropriate principal inspector (PI) in 

the FAA Flight Standards District Office 

(FSDO), or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(h) Related Information 

Refer to MCAI Civil Aviation Authority 

(CAA) AD DCA/R2000/43, dated August 7, 

2015, for related information. You may 

examine the MCAI on the Internet at 

http://www.regulations.gov by searching for 

and locating Docket No. FAA–2015–3956– 

0002. 

(i) 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) Paragraph 3.4.9, Wing 3500 hr 

Inspection, on pages 3–3 and 3–4, dated 

August 2015, of Section 3: Airworthiness 

Limitations, Time Limits, & Maintenance 

Inspections, dated August 2015, of the APEX 

R2000 Service Manual S/N 001 to 378, Alpha 

Aviation Ltd. 

(ii) Paragraph 3.4.9, Wing 3500 hr 

Inspection, on pages 3–3 and 3–4, dated 

August 2015, of Section 3: Airworthiness 

Limitations, Time Limits, & Maintenance 

Inspections, all dated August 2015, of the 

R2000 Service Manual, Alpha Aviation Ltd. 

(3) For Alpha Aviation Concept Limited 

service information identified in this AD, 

contact Alpha Aviation Holdings Limited, 

Steele Road, RD 2 Hamilton Airport, 

Hamilton 3282, New Zealand, telephone: +64 

7 843 9877; fax: +64 7 929 2878; Internet: 

http://www.alphaaviation.co.nz/. 

(4) You may view this service information 

at FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call 816–329–4148. In 

addition, you can access this service 

information on the Internet at http://

www.regulations.gov by searching for and 

locating Docket No. FAA–2015–3956. 

(5) You may view this service information 

that is incorporated by reference at the 


Lhorne on DSK5TPTVN1PROD with RULES
79258 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Rules and Regulations 

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. 

Issued in Kansas City, Missouri, on 

December 11, 2015. 

Pat Mullen, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–31716 Filed 12–18–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 169 

[156A2100DD/AAKC001030/

A0A501010.999900 253G] 

RIN 1076–AF20 

Rights-of-Way on Indian Land 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Final rule; extension of effective 

date and compliance date. 

SUMMARY: The Bureau of Indian Affairs 

(BIA) is announcing the extension of the 

effective date of the final rule published 

November 19, 2015 governing rights-ofway on Indian land, which was 

scheduled to take effect on December 

21, 2015. Tribes and industry have 

requested additional time to prepare for 

implementation of the rule. The final 

rule will now take effect on March 21, 

2016. The BIA is also announcing an 

extension of the compliance date by 

which documentation of past 

assignments must be submitted from the 

originally stated date of April 18, 2016 

to July 17, 2016. The final rule 

comprehensively updates and 

streamlines the process for obtaining 

Bureau of Indian Affairs (BIA) grants of 

rights-of-way on Indian land and BIA 

land, while supporting tribal selfdetermination and self-governance. 

DATES: The effective date of the final 

rule published on November 19, 2015 

(80 FR 72492) is extended until March 

21, 2016. The compliance date for 

submission of documentation of past 

assignments is extended until July 17, 

2016. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Elizabeth Appel, Director, Office of 

Regulatory Affairs & Collaborative 

Action, (202) 273–4680; 

elizabeth.appel@bia.gov. 

SUPPLEMENTARY INFORMATION: On 

November 19, 2015, BIA published a 

final rule addressing rights-of-way on 

Indian land and BIA land. See 80 FR 

72492. Since publication, BIA has 

received comments from tribes and 

industry requesting an extension of the 

effective date of the rule in order to 

provide additional time to prepare for 

implementation to ensure compliance. 

This document extends the effective 

date of the final rule to March 21, 2016, 

and likewise extends the deadline for 

providing BIA with documentation of 

past assignments to July 17, 2016. The 

substance of the rule remains 

unchanged. 

The BIA has determined that the 

extension of the effective date and 

compliance date without prior public 

notice and comment is in the public 

interest because it would allow more 

time for the public to comply with the 

rule and for BIA to implement the rule. 

This is a rule of agency procedure or 

practice that is exempt from notice and 

comment rulemaking under 5 U.S.C. 

553(b)(A). 

Correction 

In FR Rule Doc. No. 2015–28548, 

published November 19, 2015, at 80 FR 

72492, make the following corrections: 

1. On page 72357, in the center and 

right columns, in revised § 169.7, 

remove the date ‘‘December 21, 2015’’ 

wherever it appears and add in its place 

‘‘March 21, 2016’’. 

2. On page 72357, in the right column, 

in paragraph (d) of revised § 169.7, 

remove the date ‘‘April 18, 2016’’ and 

add in its place ‘‘July 17, 2016’’. 

Dated: December 14, 2015. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2015–31892 Filed 12–18–15; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2014–OS–0024] 

32 CFR Part 311 

Privacy Act; Implementation 

AGENCY: Office of the Secretary, DoD. 

ACTION: Final rule. 

SUMMARY: The Office of the Secretary of 

Defense (OSD) is amending its 

regulations to exempt portions of a 

system of records from certain 

provisions of the Privacy Act. 

Specifically, the Department proposes to 

exempt portions of DMDC 16 DoD, 

entitled ‘‘Identity Management Engine 

for Security and Analysis (IMESA)’’ 

from one or more provisions of the 

Privacy Act because of criminal, civil, 

and administrative enforcement 

requirements. In 2008, the U.S. Congress 

passed legislation that obligated the 

Secretary of Defense to develop access 

standards for visitors applicable to all 

military installations in the U.S. The 

Department of Defense (DoD) developed 

a visitor system to manage multiple 

databases that are capable of identifying 

individuals seeking access to DoD 

installations who may be criminal and/ 

or security threats. The purpose of the 

vetting system is to screen individuals 

wishing to enter a DoD facility, to 

include those who have been previously 

given authority to access DoD 

installations, against the FBI National 

Crime Information Center (NCIC) 

Wanted Person File. The NCIC has a 

properly documented exemption rule 

and to the extent that portions of these 

exempt records may become part of 

IMESA, OSD hereby claims the same 

exemptions for the records as claimed at 

their source (JUSTICE/FBI–001, 

National Crime Information Center 

(NCIC)). 

DATES: Effective Date: This rule is 

effective January 20, 2016. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cindy Allard, (571) 372–0461. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published in the 

Federal Register on February 27, 2014 

(79 FR 11048–11050, Docket ID: DoD– 

2014–OS–0024). One comment was 

received. The writer raised a number of 

personal concerns (issues with 

neighbor, banking, and family). The 

issues identified have no relevance to 

the proposed exemption of the Identity 

Management Engine for Security and 

Analysis (IMESA) from portions of the 

Privacy Act. 

Additionally, the title of the system 

has been changed from Interoperability 

Layer Service (IoLS) to Identity 

Management Engine for Security and 

Analysis (IMESA). This title change is 

reflected in the final rule. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been determined that this rule 

is not a significant rule. This rule does 

not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a sector of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 


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