Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 48339 

Reporting and recordkeeping 

requirements, Retirement. 

Elaine Kaplan, 

Acting Director. U.S. Office of Personnel 

Management. 

Accordingly, OPM is proposing to 

amend title 5, Code of Federal 

Regulations as follows: 

PART 890—FEDERAL EMPLOYEES 

HEALTH BENEFITS PROGRAM 

■ 1. The authority citation for part 890 

is revised to read as follows: 

Authority: 5 U.S.C. 8913; Sec. 890.301 

also issued under sec. 311 of Pub. L. 111–03, 

123 Stat. 64; Sec. 890.111 also issued under 

section 1622(b) of Pub. L. 104–106, 110 Stat. 

521; Sec. 890.112 also issued under section 

1 of Pub. L. 110–279, 122 Stat. 2604; 5 U.S.C. 

8913; Sec. 890.803 also issued under 50 

U.S.C. 403p, 22 U.S.C. 4069c and 4069c–1; 

subpart L also issued under sec. 599C of Pub. 

L. 101–513, 104 Stat. 2064, as amended; Sec. 

890.102 also issued under sections 11202(f), 

11232(e), 11246 (b) and (c) of Pub. L. 105– 

33, 111 Stat. 251; and section 721 of Pub. L. 

105–261, 112 Stat. 2061; Public Law 111– 

148, as amended by Public Law 111–152. 

■ 2. Amend § 89 0.101 adding 

definitions for ‘‘congressional staff 

member’’ and ‘‘Member of Congress’’ to 

paragraph (a) to read as follows: 

§ 890.101 Definitions; time computations. 

(a) * * * 

Congressional staff member means an 

individual who is a full-time or parttime employee employed by the official 

office of a Member of Congress, whether 

in Washington, DC or outside of 

Washington, DC. 

* * * * * 

Member of Congress means a member 

of the Senate or of the House of 

Representatives, a Delegate to the House 

of Representatives, and the Resident 

Commissioner of Puerto Rico. 

* * * * * 

■ 3. Amend § 890.102 by adding 

paragraphs (c)(9) and (10) and revising 

paragraph (e) to read as follows: 

§ 890.102 Coverage. 

* * * * * 

(c) * * * 

(9) The following employees are not 

eligible to purchase a health benefit 

plan for which OPM contracts or which 

OPM approves under this subsection, 

but may purchase health benefit plans, 

as defined in 5 U.S.C. 8901(6), that are 

offered by an Exchange, pursuant to 

§ 1312(d)(3)(D) of the Patient Protection 

and Affordable Care Act, Public Law 

111–148, as amended by the Health Care 

and Education Reconciliation Act, 

Public Law 111–152 (the Affordable 

Care Act or the Act): 

(i) A Member of Congress. 

(ii) A congressional staff member, if 

the individual works for a Member of 

Congress and is determined by the 

employing office of the Member of 

Congress to meet the definition of 

congressional staff member in § 890.101 

of this part effective January 1, 2014, or 

in any subsequent calendar year. 

Designation as a congressional staff 

member shall be an annual designation 

made prior to October of each year for 

the following year. The designation 

shall be made for the duration of the 

year during which the staff member 

works for that Member of Congress 

beginning with the January 1st 

following the designation and 

continuing to December 31st of that 

year. 

* * * * * 

(e) With the exception of those 

employees or groups of employees listed 

in paragraph (e)(1) of this section, the 

Office of Personnel Management makes 

the final determination of the 

applicability of this section to specific 

employees or groups of employees. 

(1) Employees identified in paragraph 

(c)(9)(i) and (ii) of this section. 

(2) [Reserved] 

* * * * * 

■ Amend § 890.201 by adding paragraph 

(d) to read as follows: 

§ 890.201 Minimum standards for health 

benefits. 

* * * * * 

(d) Nothing in this part shall limit or 

prevent a health insurance plan 

purchased through an Exchange, 

pursuant to section 1312(d)(3)(D) of the 

Patient Protection and Affordable Care 

Act, Public Law 111–148, as amended 

by the Health Care and Education 

Reconciliation Act, Public Law 111–152 

(the Affordable Care Act or the Act), by 

an employee otherwise covered by 5 

U.S.C. 8901(1)(B) and (C) from being 

considered a ‘‘health benefit plan under 

this chapter’’ for purposes of 5 U.S.C. 

8905(b) and 5 U.S.C. 8906. 

■ 4. Amend § 890.303 by revising 

paragraph (b) to read as follows: 

§ 890.303 Continuation of enrollment. 

* * * * * 

(b) Change of enrolled employees to 

certain excluded positions. Employees 

and annuitants enrolled under this part 

who move, without a break in service or 

after a separation of 3 days or less, to an 

employment in which they are excluded 

by § 890.102(c), continue to be enrolled 

unless excluded by § 890.102(c)(4), (5), 

(6), (7), or (9). 

* * * * * 

■ 5. Amend § 890.304 by revising 

paragraph (a)(1)(iii) to read as follows. 

§ 890.304 Termination of enrollment. 

(a) * * * 

(1) * * * 

(iii) The last day of the pay period in 

which his employment status or the 

eligibility of his position changes so that 

he is excluded from enrollment. 

* * * * * 

■ 6. Amend § 890.501 by adding 

paragraph (h) to read as follows: 

§ 890.501 Government contributions. 

* * * * * 

(h)(1) The Government contribution 

for an employee who enrolls in a health 

benefit plan offered through an 

Exchange, pursuant to section 

1312(d)(3)(D) of the Patient Protection 

and Affordable Care Act, Public Law 

111–148, as amended by the Health Care 

and Education Reconciliation Act, 

Public Law 111–152 (the Affordable 

Care Act or the Act), or an annuitant 

whose enrollment in a health benefit 

plan offered through such an Exchange 

continues, pursuant to 5 U.S.C. 8905(b), 

shall be calculated in the same manner 

as for other employees and annuitants. 

(2) Government contributions and 

employee withholdings for employees 

who enroll in a health benefit plan 

offered through an Exchange, pursuant 

to section 1312(d)(3)(D) of the Patient 

Protection and Affordable Care Act, 

Public Law 111–148, as amended by the 

Health Care and Education 

Reconciliation Act, Public Law 111–152 

(the Affordable Care Act or the Act), or 

annuitants whose enrollment in a health 

benefit plan offered through such an 

Exchange continues, pursuant to 5 

U.S.C. 8905(b), shall be accounted for 

pursuant to 5 U.S.C. 8909 and such 

monies shall only be available for 

payment of premiums, and costs in 

accordance with 5 U.S.C. 8909(a)(2). 

[FR Doc. 2013–19222 Filed 8–7–13; 8:45 am] 

BILLING CODE 6325–63–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0811; Directorate 

Identifier 2008–NE–41–AD] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

Corporation Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

48340 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 

that applies to certain Rolls-Royce 

Corporation (RRC) AE 3007A series 

turbofan engines. The existing AD 

currently requires removing certain 

high-pressure turbine (HPT) stage 2 

wheels, or performing inspections on 

them, and reduces their approved life 

limits. This proposed AD would clarify 

the AE 3007A turbofan engine model 

applicability, would further reduce the 

approved life limits of affected HPT 

stage 2 wheels, and would eliminate the 

inspections required by the existing AD. 

We are proposing this AD to prevent 

uncontained failure of the HPT stage 2 

wheel, damage to the engine, and 

damage to the airplane. 

DATES: We must receive comments on 

this proposed AD by October 7, 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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Rolls-Royce 

Corporation, 450 South Meridian Street, 

Mail Code NB–01–06, Indianapolis, IN 

46225, phone: 317–230–1667; email: 

CMSEindyOSD@rolls-royce.com; 

Internet: www.rolls-royce.com. 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 Management Facility between 9 

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

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Kyri 

Zaroyiannis, Aerospace Engineer, 

Chicago Aircraft Certification Office, 

Small Airplane Directorate, FAA, 2300 

E. Devon Ave., Des Plaines, IL 60018; 

phone: 847–294–7836; fax: 847–294– 

7834; email: kyri.zaroyiannis@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–2009–0811; Directorate Identifier 

2008–NE–41–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 because of 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 we receive 

about this proposed AD. 

Discussion 

On September 1, 2010, we issued AD 

2010–19–01, Amendment 39–16429 (75 

FR 57660, September 22, 2010), for RRC 

AE 3007A series turbofan engines with 

an HPT stage 2 wheel, part number (P/ 

N) 23069438, 23069592, 23074462, 

23074644, 23075345, or 23084520, 

installed. AD 2010–19–01 requires 

removing certain HPT stage 2 wheels, or 

performing repetitive eddy current 

inspections (ECIs) or surface wave 

ultrasonic test (SWUT) inspections on 

them for cracks. AD 2010–19–01 also 

reduces the approved life limits of 

certain HPT stage 2 wheels. AD 2010– 

19–01 resulted from reports of cracked 

HPT stage 2 wheels. We issued AD 

2010–19–01 to prevent uncontained 

failure of the HPT stage 2 wheel, 

damage to the engine, and damage to the 

airplane. 

Actions Since Existing AD Was Issued 

Since we issued AD 2010–19–01 (75 

FR 57660, September 22, 2010), RRC did 

additional analysis and concluded that 

lower life limits for the affected HPT 

stage 2 wheels are necessary. RRC based 

their results on inspection data 

collected under AD 2010–19–01. In 

addition, we determined that it is 

appropriate to establish the new lower 

life limit to remove the parts from 

service, and to eliminate the inspection 

requirements that were needed to 

provide additional data in support of 

the analysis for the reduced life limits. 

We also changed the applicability from 

RRC AE 3007A series turbofan engines 

to AE 3007A, A1, A1/1, A1/2, A1/3, 

A1P, A1E, and A3 turbofan engines, for 

added clarity. The AE 3007A2 turbofan 

engine is not included in the 

applicability because affected HPT stage 

2 wheels are not installed on that 

engine. 

Relevant Service Information 

We reviewed RRC Alert Service 

Bulletin (ASB) No. AE 3007A–A–72– 

414, Revision 1, dated December 5, 

2012. The ASB lists the lower approved 

life limits of the affected HPT stage 2 

wheels. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in RRC AE 3007A, A1, A1/1, 

A1/2, A1/3, A1P, A1E, and A3 turbofan 

engines with affected HPT stage 2 

wheels, installed. 

Proposed AD Requirements 

This proposed AD would clarify the 

AE 3007A turbofan engine model 

applicability from stating AE 3007A 

series turbofan engines, to stating AE 

3007A, A1, A1/1, A1/2, A1/3, A1P, A1E, 

and A3 turbofan engines. This proposed 

AD would also further reduce the 

approved life limits of affected HPT 

stage 2 wheels, and would eliminate the 

initial and repetitive ECIs and SWUT 

inspections on HPT stage 2 wheels for 

cracks as required by the existing AD 

2010–19–01 (75 FR 57660, September 

22, 2010). 

Costs of Compliance 

We estimate that this proposed AD 

would affect 18 engines installed on 

airplanes of U.S. registry. We also 

estimate that a replacement HPT stage 2 

wheel would cost about $145,524, and 

that it would be replaced during engine 

shop visit at no additional labor cost. 

Based on these figures, we estimate the 

total cost of the AD to U.S. operators to 

be $2,619,432. 

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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 48341 

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 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 the proposed regulation: 

(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 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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) 

2010–19–01, Amendment 39–16429 (75 

FR 57660, September 22, 2010), and 

adding the following new AD: 

Roll-Royce Corporation (Formerly Allison 

Engine Company): Docket No. FAA– 

2009–0811; Directorate Identifier 2008– 

NE–41–AD. 

(a) Comments Due Date 

The FAA must receive comments on this 

AD action by October 7, 2013. 

(b) Affected ADs 

This AD supersedes AD 2010–19–01, 

Amendment 39–16429 (75 FR 57660, 

September 22, 2010). 

(c) Applicability 

This AD applies to the following RollsRoyce Corporation (RRC) AE 3007A, A1, A1/ 

1, A1/2, A1/3, A1P, A1E, and A3 turbofan 

engines: 

(1) With an installed high-pressure turbine 

(HPT) stage 2 wheel, part number (P/N) 

23084520, or 

(2) With an installed HPT stage 2 wheel, 

P/N 23069438, 23069592, 23074462, 

23074644, or 23075345, except for the HPT 

stage 2 wheel serial numbers listed in Table 

2 through Table 5 of RRC Alert Service 

Bulletin (ASB) No. AE 3007A–A–72–414, 

Revision 1, dated December 5, 2012. Those 

HPT stage 2 wheels maintain their existing 

approved life limits. 

(d) Unsafe Condition 

This AD was prompted by stress and lifing 

analysis resulting in lower approved life 

limits for certain HPT stage 2 wheels. We are 

issuing this AD to prevent uncontained 

failure of the HPT stage 2 wheel, damage to 

the engine, and damage to the airplane. 

(e) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(1) For HPT stage 2 wheels, P/N 23069438 

and P/N 23069592, do the following: 

(i) For HPT stage 2 wheels that have 9,500 

cycles since new (CSN) or more on the 

effective date of this AD, remove the HPT 

stage 2 wheel from service within 15 cyclesin-service (CIS) after the effective date of this 

AD. 

(ii) After the effective date of this AD, do 

not approve for return to service any engine 

with an HPT stage 2 wheel, P/N 23069438 or 

P/N 23069592, that exceeds the new life limit 

of 9,500 CSN. 

(2) For HPT stage 2 wheels, P/N 23074462, 

do the following: 

(i) For AE 3007A1E turbofan engines with 

HPT stage 2 wheels installed that have 7,500 

CSN or more on the effective date of this AD, 

and for the AE 3007A, A1, A1/1, A1/2, A1/ 

3, A1P, and A3 turbofan engines with HPT 

stage 2 wheels installed that have 9,500 CSN 

or more on the effective date of this AD, 

remove the wheel from service within 15 CIS 

after the effective date of this AD. 

(ii) Thereafter: 

(A) Do not approve for return to service 

any AE 3007A1E turbofan engine with an 

HPT stage 2 wheel, P/N 23074462, installed, 

that exceeds the new life limit of 7,500 CSN; 

and 

(B) Do not approve for return to service any 

AE 3007A, A1, A1/1, A1/2, A1/3, A1P, and 

A3 turbofan engines with an HPT stage 2 

wheel, P/N 23074462, installed, that exceeds 

the new life limit of 9,500 CSN. 

(C) Throughout the life of the HPT stage 2 

wheel, always use the lowest life limit 

applicable to any engine model in which the 

part was used in service. If life usage records 

are not sufficient to identify all engine 

models in which the part has been flown, the 

lowest life applicable to any engine model for 

which the part is eligible must be used. 

(3) For HPT stage 2 wheels, P/N 23074644 

and P/N 23075345, do the following: 

(i) For HPT stage 2 wheels that have 9,500 

CSN or more on the effective date of this AD, 

remove the HPT stage 2 wheel from service 

within 15 CIS after the effective date of this 

AD. 

(ii) Thereafter, do not approve for return to 

service any engine with an HPT stage 2 

wheel, P/N 23074644 or P/N 23075345, 

installed, that exceeds the new life limit of 

9,500 CSN. 

(4) For HPT stage 2 wheels, P/N 23084520, 

do the following: 

(i) For HPT stage 2 wheels that have 23,000 

CSN or more on the effective date of this AD, 

remove the HPT stage 2 wheel from service 

before the next flight after the effective date 

of this AD. 

(ii) Thereafter, do not approve for return to 

service any engine with an HPT stage 2 

wheel, P/N 23084520, installed, that exceeds 

the new life limit of 23,000 CSN. 

(f) Alternative Methods of Compliance 

The Manager, Chicago Aircraft 

Certification Office, may approve alternative 

methods of compliance for this AD. Use the 

procedures 14 CFR 39.19 to make your 

request. 

(g) Related Information 

(1) For more information about this AD, 

contact Kyri Zaroyiannis, Aerospace 

Engineer, Chicago Aircraft Certification 

Office, Small Airplane Directorate, FAA, 

2300 E. Devon Ave., Des Plaines, IL 60018; 

phone: 847–294–7836; fax: 847–294–7834; 

email: kyri.zaroyiannis@faa.gov. 

(2) Refer to RRC ASB No. AE 3007A–A– 

72–414, Revision 1, dated December 5, 2012, 

for related information. 

(3) For service information identified in 

this AD, contact Rolls-Royce Corporation, 

450 South Meridian Street, Mail Code NB– 

01–06, Indianapolis, IN 46225, phone: 317– 

230–1667; email: CMSEindyOSD@rollsroyce.com; Internet: www.rolls-royce.com. 

(4) 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. 

Issued in Burlington, Massachusetts, on 

August 1, 2013. 

Robert J. Ganley, 

Acting Assistant Directorate Manager, Engine 

& Propeller Directorate, Aircraft Certification 

Service. 

[FR Doc. 2013–19162 Filed 8–7–13; 8:45 am] 

BILLING CODE 4910–13–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS