Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 39877 

2018–16–11 Various Model 234 and Model 

CH–47D Helicopters: Amendment 39– 

19351; Docket No. FAA–2015–4007; 

Product Identifier 2015–SW–064–AD. 

(a) Applicability 

This AD applies to Model 234 and Model 

CH–47D helicopters, regardless of type 

certificate holder, with a pitch housing 

assembly (pitch housing) part number (P/N) 

145R2075–11, 145R2075–12, 145R2075–13, 

145R2075–14, 145R2075–15, 145R2075–16, 

234R2075–1, or 234R2075–2 installed, 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

crack in a pitch housing lug. This condition 

could result in loss of a rotor blade and 

consequent loss of helicopter control. 

(c) Effective Date 

This AD becomes effective September 17, 

2018. 

(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) Before further flight, remove from 

service any pitch housing P/N 145R2075–11, 

145R2075–12, 145R2075–13, 145R2075–14, 

145R2075–15, 145R2075–16, 234R2075–1, 

and 234R2075–2 that has accumulated 8,200 

hours total time-in-service (TIS). 

(2) Before the pitch housing accumulates 

200 hours TIS after the effective date of this 

AD and thereafter at intervals not to exceed 

200 hours TIS, ultrasonic inspect the pitch 

housing for a crack in accordance with 

Attachment 1, paragraphs F and H through K, 

of Boeing Service Bulletin 145R2075–62– 

0001, Revision 1, dated September 27, 2011. 

If there is a crack, replace the pitch housing 

before further flight. 

(3) Within 400 hours TIS after the effective 

date of this AD or before the pitch housing 

has accumulated 4,000 hours total TIS, 

whichever occurs later, and thereafter at 

intervals not to exceed 500 hours TIS, eddy 

current inspect the pitch housing for a crack. 

If there is a crack, replace the pitch housing 

before further flight. The eddy current 

inspection must be accomplished using a 

method approved by the Manager, Seattle 

ACO Branch, or by the Manager, Denver ACO 

Branch. For a repair method to be approved 

as required by this AD, the manager’s 

approval letter must specifically refer to this 

AD. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) For operators of helicopters with type 

certificates issued by the Denver Aircraft 

Certificate Office or ACO Branch, the 

manager of the Denver ACO Branch, FAA, 

may approve AMOCs for this AD. Send your 

proposal to: Greg Johnson, Senior Aerospace 

Engineer, Denver ACO Branch, Compliance 

and Airworthiness Division, FAA, 26805 East 

68th Avenue, Denver, CO 80249; phone: 303– 

342–1083; fax: 303–342–1088; email: 

Gregory.Johnson@faa.gov. 

(2) All other AMOC requests should be 

sent to the Manager, Seattle ACO Branch, 

FAA. Send your proposal to: Chris Bonar, 

Aerospace Engineer, Airframe Section, 

Seattle ACO Branch, FAA, 2200 S 216th 

Street, Des Moines, WA 98198; telephone 

(206) 231–3521; email 9-ANM-Seattle-ACOAMOC-Requests@faa.gov. 

(3) 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 

Special Airworthiness Information Bulletin 

SW–11–03, dated October 22, 2010 (SAIB); 

Columbia Helicopters, Inc., Alert Service 

Bulletin No. 234–62–A0012, Revision 2, 

dated March 1, 2016; and Columbia 

Helicopters, Inc., Alert Service Bulletin No. 

47D–62–A0002, Revision 0, dated March 1, 

2016, which are not incorporated by 

reference, contain additional information 

about the subject of this AD. You may view 

the SAIB on the internet at http://

www.regulations.gov in the AD Docket. For 

Columbia service information identified in 

this final rule, contact Columbia Helicopters, 

Inc., 14452 Arndt Road NE, Aurora, OR 

97002, telephone (503) 678–1222, fax (503) 

678–5841, or at http://www.colheli.com. You 

may view a copy of the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 10101 

Hillwood Pkwy, Room 6N–321, Fort Worth, 

TX 76177. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6220, Main Rotor Head. 

(i) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 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) Boeing Service Bulletin 145R2075–62– 

0001, Revision 1, dated September 27, 2011. 

(ii) Reserved. 

(3) For Boeing Helicopters service 

information identified in this AD, contact 

Boeing Helicopters, The Boeing Company, 1 

S. Stewart Avenue, Ridley Park, PA 19078, 

telephone 610–591–2121. 

(4) You may view this service information 

at FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy, 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

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 Fort Worth, Texas, on July 27, 

2018. 

Scott A. Horn, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2018–17112 Filed 8–10–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Part 542 

RIN 3141–AA55 

Minimum Internal Control Standards 

AGENCY: National Indian Gaming 

Commission, Department of the Interior. 

ACTION: Notification of final rulemaking; 

stay. 

SUMMARY: The National Indian Gaming 

Commission (NIGC) is suspending its 

minimum internal control standards 

(MICS) for Class III gaming under the 

Indian Gaming Regulatory Act. Updated 

guidance for Class III MICS will now be 

maintained at www.nigc.gov. 

DATES: This rule is effective September 

27, 2018. Title 25 CFR part 542 is stayed 

effective September 27, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Lawson at 202–632–7003 or 

write to info@nigc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The NIGC Class III MICS were 

promulgated in 1999 and last 

substantively revised in 2005. In 2006, 

the D.C. Circuit Court of Appeals in 

Colorado River Indian Tribes v. Nat’l 

Indian Gaming Comm’n, 466 F.3d 134 

(CRIT v. NIGC), held that NIGC lacked 

authority to enforce or promulgate Class 

III MICS. Since that time, the Class III 

MICS have remained untouched. 

Technology has advanced rapidly, 

though, making some standards obsolete 

and introducing new areas of risk not 

contemplated by the outdated 

standards. And yet, many tribal-state 

compacts—even those entered into 

since 2006—continue to adopt NIGC 

Class III MICS by reference. 

II. Development of the Rule 

In light of the ruling in CRIT v. NIGC 

and recognizing the industry’s need for 

updated standards, the NIGC sought 

comment on what to do with the 

outdated standards still remaining in 

the regulations and whether to draft 

updated, non-binding guidance for Class 

III MICS. Between 2015 and 2016, over 


sradovich on DSK3GMQ082PROD with RULES
39878 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 

forty tribes provided comment and 

overwhelmingly supported the NIGC 

proposal for non-binding guidance. 

Many also supported keeping the 

existing 542 regulations in the Code of 

Federal Regulations, even though they 

would be unenforceable, to minimize 

impacts on tribal/state compacts that 

incorporate them by reference. 

Additionally, the Commission sent 

letters to state gaming regulators on June 

14, 2017, requesting comment on the 

draft guidance. One responded with 

recommendations. 

In light of these comments, the 

Commission has developed non-binding 

guidance for Class III MICS and is 

suspending the existing part 542 

regulations. Doing so will leave the 

existing regulations ‘‘on the books,’’ but 

with an editorial note stating that they 

are not enforceable. The updated 

guidance document for Class III MICS is 

available on the NIGC website at 

www.nigc.gov. This guidance is not 

intended to modify or amend any terms 

in a state compact. 

Because the document will be 

guidance instead of regulations, NIGC 

will be able to keep it updated and 

adapt much more quickly to changes in 

the industry. 

III. Regulatory Matters 

Notice and Comment 

Typically, the suspension of Agency 

regulations would require the Agency to 

follow the notice and comment process 

mandated by the Administrative 

Procedure Act (APA). However, the 

APA permits agencies to finalize some 

rules without first publishing a 

proposed rule in the Federal Register. 

This exception is limited to cases where 

the agency has ‘‘good cause’’ to find that 

the notice-and-comment process would 

be ‘‘impracticable, unnecessary, or 

contrary to the public interest.’’ In this 

case, because the D.C. Circuit has ruled 

that the NIGC may not enforce its Class 

III MICS, or even maintain them as 

agency regulations, the NIGC has good 

cause to find that the notice and 

comment period is unnecessary and 

may directly publish a final rule 

suspending the Class III MICS 

regulations. The NIGC did not appeal 

the Circuit court’s decision to the 

United States Supreme Court, so it is the 

law of the land and the NIGC has no 

discretion in regard to following the 

court’s mandates. 

Regulatory Flexibility Act 

The rule will not have a significant 

impact on a substantial number of small 

entities as defined under the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. 

Moreover, Indian Tribes are not 

considered to be small entities for the 

purposes of the Regulatory Flexibility 

Act. 

Small Business Regulatory Enforcement 

Fairness Act 

The rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

The rule does not have an effect on the 

economy of $100 million or more. The 

rule will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, 

local government agencies or geographic 

regions, nor will the proposed rule have 

a significant adverse effect on 

competition, employment, investment, 

productivity, innovation, or the ability 

of the enterprises, to compete with 

foreign based enterprises. 

Unfunded Mandate Reform Act 

The Commission, as an independent 

regulatory agency, is exempt from 

compliance with the Unfunded 

Mandates Reform Act, 2 U.S.C. 1502(1); 

2 U.S.C. 658(1). 

Takings 

In accordance with Executive Order 

12630, the Commission has determined 

that the rule does not have significant 

takings implications. A takings 

implication assessment is not required. 

Civil Justice Reform 

In accordance with Executive Order 

12988, the Commission has determined 

that the rule does not unduly burden the 

judicial system and meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. 

National Environmental Policy Act 

The Commission has determined that 

the rule does not constitute a major 

federal action significantly affecting the 

quality of the human environment and 

that no detailed statement is required 

pursuant to the National Environmental 

Policy Act of 1969, 42 U.S.C. 4321, et 

seq. 

Paperwork Reduction Act 

Suspending part 542 also suspends 

any information collection requirements 

contained within. Therefore, no detailed 

statement is required pursuant to the 

Paperwork Reduction Act, 44 U.S.C. 

3501, et seq. 

Tribal Consultation 

The National Indian Gaming 

Commission is committed to fulfilling 

its tribal consultation obligations— 

whether directed by statute or 

administrative action such as Executive 

Order (E.O.) 13175 (Consultation and 

Coordination with Indian Tribal 

Governments)—by adhering to the 

consultation framework described in its 

Consultation Policy published July 15, 

2013. The NIGC’s consultation policy 

specifies that it will consult with tribes 

on Commission Action with Tribal 

Implications, which is defined as: Any 

Commission regulation, rulemaking, 

policy, guidance, legislative proposal, or 

operational activity that may have a 

substantial direct effect on an Indian 

tribe on matters including, but not 

limited to the ability of an Indian tribe 

to regulate its Indian gaming; an Indian 

tribe’s formal relationship with the 

Commission; or the consideration of the 

Commission’s trust responsibilities to 

Indian tribes. 

On February 26, 2015, the 

Commission announced consultation 

and sought comments over its plans to 

draft updated, non-mandatory Class III 

MICS guidance and proposal to 

withdraw the part 542 regulations. The 

Commission held four in-person and 

one telephonic consultation sessions. 

The consultation and comment period 

ended on February 23, 2016. Over forty 

tribes commented on the plan. As a 

result of the comments, the 

Commission, on November 22, 2016, 

announced its proposal to suspend the 

part 542 regulations and issue updated, 

non-mandatory Class III MICS guidance. 

The Commission developed and shared 

a draft of the guidance and held six inperson consultation sessions. The 

Commission received comments 

through July 2017. 

List of Subjects in 25 CFR Part 542 

Accounting, Administrative practice 

and procedure, Gambling, Indian— 

Indian lands, Reporting and 

recordkeeping requirements. 

For the reasons discussed in the 

preamble, the Commission amends 25 

CFR part 542 as follows: 

PART 542—MINIMUM INTERNAL 

CONTROL STANDARDS 

■ 1. The authority for part 542 is revised 

to read as follows: 

Authority: 25 U.S.C. 2706(b)(10). 

■ 2. Section 542.1 is revised to read as 

follows: 

§ 542.1 What does this part cover? 

(a) This part previously established 

the minimum internal control standards 

for gaming operations on Indian land. 

(b) This part is suspended pursuant to 

the decision in Colorado River Indian 

Tribes v. Nat’l Indian Gaming Comm’n, 

466 F.3d 134 (D.C. Cir. 2006). Updated 


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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 39879 

non-binding guidance on Class III 

Minimum Internal Control Standards 

may be found at www.nigc.gov. 

■ 3. Effective September 27, 2018, part 

542 is stayed. 

Dated: July 18, 2018. 

Jonodev O. Chaudhuri, 

Chairman. 

Dated: July 18, 2018. 

Kathryn Isom-Clause, 

Vice Chair. 

[FR Doc. 2018–16254 Filed 8–10–18; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2018–0725] 

Special Local Regulations; Marine 

Events Within the Fifth Coast Guard 

District 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

special local regulations for the 

Baltimore Air Show from October 4, 

2018, through October 7, 2018, to 

provide for the safety of life on 

navigable waterways during the event. 

Our regulation for marine events within 

the Fifth Coast Guard District identifies 

the regulated area for the event. During 

the enforcement period, the Coast Guard 

patrol commander or designated marine 

event patrol may forbid and control the 

movement of all vessels in the regulated 

area. 

DATES: The regulations in 33 CFR 

100.501 will be enforced for the 

Baltimore Air Show regulated area 

listed in item b.23 in the table to 

§ 100.501 from 11 a.m. through 5 p.m. 

on October 4, 2018, from 10:30 a.m. 

through 5 p.m. on October 5, 2018, from 

11 a.m. through 5 p.m. on October 6, 

2018, and from 11 a.m. through 5 p.m. 

on October 7, 2018. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Mr. Ron 

Houck, U.S. Coast Guard Sector 

Maryland-National Capital Region 

(WWM Division); telephone 410–576– 

2674, email Ronald.L.Houck@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard was notified by the Historic 

Ships in Baltimore, Inc., on February 6, 

2018, through submission of a marine 

event application that, due to a 

scheduling change, a change of dates is 

necessary to the dates previously 

published in the Code of Federal 

Regulations (CFR) for the biennially 

scheduled Baltimore Air Show, as listed 

in the table to 33 CFR 100.501. The date 

of the event for this year is changed to 

October 4, 2018, through October 7, 

2018. The Coast Guard will enforce the 

special local regulations in 33 CFR 

100.501 for the Baltimore Air Show 

regulated area from 11 a.m. through 5 

p.m. on October 4, 2018, from 10:30 

a.m. through 5 p.m. on October 5, 2018, 

from 11 a.m. through 5 p.m. on October 

6, 2018, and from 11 a.m. through 5 

p.m. on October 7, 2018. Our regulation 

for marine events within the Fifth Coast 

Guard District, § 100.501, specifies the 

location of the regulated area for the 

Baltimore Air Show, which 

encompasses portions of the Patapsco 

River, at Baltimore, MD. 

This action is being taken to provide 

for the safety of life on navigable 

waterways during the event. As 

specified in § 100.501(c), during the 

enforcement period, the Coast Guard 

patrol commander or designated marine 

event patrol may forbid and control the 

movement of all vessels in the regulated 

area. Vessel operators may request 

permission to enter and transit through 

a regulated area by contacting the Coast 

Guard patrol commander on VHF–FM 

channel 16. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

marine information broadcasts. 

Dated: August 7, 2018. 

Joseph B. Loring, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2018–17282 Filed 8–10–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2018–0091] 

Drawbridge Operation Regulation; 

Petaluma River, Haystack Landing 

(Petaluma), CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; request for comments. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Northwestern 

Pacific (SMART) railroad bridge across 

the Petaluma River, mile 12.4, at 

Haystack Landing (Petaluma), CA. This 

deviation will be a second test of a 

change to the drawbridge operation 

schedule to determine whether a 

permanent change to the schedule is 

appropriate. This test deviation will 

modify the existing regulation to add an 

advance notification requirement for 

obtaining bridge openings. 

DATES: This deviation is effective from 

6 a.m. on August 20, 2018 to 6 a.m. on 

October 18, 2018. 

Comments and related materials must 

reach the Coast Guard on or before 

November 1, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0091 using Federal eRulemaking 

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

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this test 

deviation, call or email Carl T. Hausner, 

Chief, Bridge Section, Eleventh Coast 

Guard District; telephone 510–437– 

3516; email Carl.T.Hausner@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis 

On March 2, 2018, the Coast Guard 

published a Test Deviation entitled 

Petaluma River, Haystack Landing 

(Petaluma), CA in the Federal Register 

(83 FR 8936). We received five 

comments on this rule. Four of the five 

comments submitted, concerning the 

test deviation, addressed the 2-hour 

advance notification. The commenters 

stated that the lengthy advance 

notification would be a burden on 

waterway users. The fifth comment was 

directed at the structural deficiency of a 

number of dams in the United States; 

this comment is not pertinent to this 

deviation. 

Sonoma-Marin Area Rail Transit 

(SMART) owns the Northwestern 

Pacific railroad bridge across the 

Petaluma River, mile 12.4, at Haystack 

Landing (Petaluma), CA. The bridge has 

a vertical clearance of 3.6 feet above 

mean high water in the closed-tonavigation position and unlimited 

vertical clearance in the open-tonavigation position, and currently 

operates under 33 CFR 117.187(a). 

The duration of this initial test 

deviation was 90 days. During this 

initial test, according to drawtender 

logs, 96 vessels requested openings and 

passed through the bridge. At no time 

was a 2-hour notice given to the 


sradovich on DSK3GMQ082PROD with RULES