23830 Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Rules and Regulations 

U.S. Commercial. This change provides 

greater flexibility to handlers in the 

marketing of the Colorado potato crop. 

Authority for this action is contained in 

§§ 948.21 and 948.22. 

This relaxation is expected to benefit 

the producers, handlers, and consumers 

of Colorado potatoes by allowing a 

greater quantity of fresh potatoes from 

the production area to enter the market. 

This anticipated increase in volume is 

expected to translate into greater returns 

for handlers and producers, and more 

purchasing options for consumers. 

This action is not expected to increase 

costs associated with the order 

requirements. Rather, this action makes 

additional product available to the 

market and has the potential to increase 

industry returns. The opportunities and 

benefits that may result from this rule 

are equally available to all Colorado 

potato handlers and producers, 

regardless of their size. 

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 (Generic 

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 rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

grapefruit 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. In addition, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this rule. 

Further, the Committee’s meeting was 

widely publicized throughout the 

Colorado potato industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the July 19, 2012, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express their views on this issue. 

Comments on the interim rule were 

required to be received on or before 

March 4, 2013. No comments were 

received. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule, 

without change. 

To view the interim rule, go to: 

http://www.regulations.gov/ 

#!documentDetail;D=AMS-FV-12-0043- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), and the E-Gov Act (44 

U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (78 FR 3, January 2, 2013) will 

tend to effectuate the declared policy of 

the Act. 

List of Subjects in 7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

Accordingly, the interim rule that 

amended 7 CFR part 948 and was 

published at 78 FR 3 on January 2, 2013, 

is adopted as a final rule, without 

change. 

Dated: April 17, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09472 Filed 4–22–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

Docket No. FAA–2012–1131; Directorate 

Identifier 2012–NE–34–AD; Amendment 39– 

17440; AD 2013–08–22] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Turbomeca S.A. Arriel 1A1, 1A2, 1B, 

1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, 

and 1S1 turboshaft engines. This AD 

requires daily post-flight checks of the 

engine tachometer’s unit cycle-counting 

feature. This AD also requires groundrun functional checks within every 

1,000 operating hours. This AD was 

prompted by detailed analysis and 

review of the accuracy of the engine’s 

tachometer cycle-counting feature. We 

are issuing this AD to prevent 

uncontained engine failure and damage 

to the helicopter. 

DATES: This AD becomes effective May 

28, 2013. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Sanjana Murthy, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7750; fax: 781–238– 

7199; email: sanjana.murthy@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on December 11, 2012 (77 FR 

73557). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The mandatory continuing 

airworthiness information (MCAI) 

states: 

Following detailed analysis and review of 

in-service feedback performed by Turbomeca 

on the Arriel 1 engines, the chapter 05–10 

Airworthiness Limitation Section (ALS) of 

Arriel 1 Maintenance Manuals has been 

updated in order to clarify the definition and 

update the requirements relative to the cycle 

counting aid system (modification 

introduced in production by Turbomeca 

modification TU207 or TU243 and in-service, 

respectively, by Turbomeca Service Bulletin 

(SB) 292 80 0190 or SB 292 80 0168), add 

associated maintenance tasks, and modify the 

Power Turbine (PT) partial cycle counting 

method. 

The SBs referenced above introduced 

the tachometer. The tachometer’s cyclecounting feature, in some instances, 

produced results inconsistent with 

ground run checks. The inaccurate 

cycle-counting results of the tachometer 

can lead to exceeding life limits on 

critical rotating parts, which can cause 

uncontained engine failure and damage 

to the helicopter. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (77 

FR 73557, December 11, 2012). 

Actions Since We Issued the Proposed 

Rule 

Since we issued the NPRM (77 FR 

73557, December 11, 2012), the 

European Aviation Safety Agency 

(EASA) issued revised MCAI (EASA AD 

2012–0187R2, dated December 6, 2012), 

which states that for affected engines 

that have a tachometer installed, but the 


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Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Rules and Regulations 23831 

tachometer is not used to count cycles, 

then no further action is required. 

Changes to Actions and Compliance 

Section of This AD 

We evaluated the revised MCAI 

(EASA AD 2012–0187R2, dated 

December 6, 2012), and we agree that for 

affected engines that have a tachometer 

installed, but the tachometer is not used 

to count cycles, then no further 

compliance action is required. We 

changed paragraph (e) of the final rule 

by inserting a new paragraph (e)(1) to 

read: 

‘‘(1) If a tachometer is installed on the 

engine, but is not used to count cycles, 

then no further action is required.’’ 

We also changed paragraph (e)(2) of 

this AD to clarify the objective of the 

daily check. The objective is not only to 

compare the cycle-count values from the 

tachometer and the daily check, but also 

to verify that they agree. The NPRM (77 

FR 73557, December 11, 2012) stated: 

‘‘During the post flight maintenance 

inspection after the last flight of each 

day, compare the cycles counted by the 

engine’s tachometer unit with the cycles 

counted by the primary counting 

method.’’ 

The changed paragraph in this AD 

states: 

‘‘During the post-flight maintenance 

inspection after the last flight of each 

day, verify that the cycles counted by 

the engine’s tachometer unit agree with 

the cycles counted by the primary 

counting method.’’ 

We also changed paragraph (e)(4) of 

this AD to clearly state that the groundrun functional check required every 

1,000 operating hours is in addition to 

the daily inspections required by this 

AD. The NPRM (77 FR 73557, December 

11, 2012) stated: 

‘‘If the engine tachometer cyclecounting feature remains accurate, then 

every 1,000 operating hours, perform a 

ground-run functional check of the 

tachometer unit cycle-counting feature.’’ 

The changed paragraph in this AD 

states: 

‘‘If the engine tachometer cyclecounting feature remains accurate, then 

every 1,000 operating hours, perform a 

ground-run functional check of the 

tachometer unit cycle-counting feature 

in addition to the daily inspections 

required in paragraph (e)(2) of this AD. 

If the tachometer cycle-counting feature 

fails the check, thereafter, use only the 

primary cycle-counting method to count 

cycles.’’ 

Changes to Cost of Compliance 

We also changed the Costs of 

Compliance section of this AD. 

Paragraph (e)(4) of this AD requires a 

functional check of the tachometer cycle 

counting feature every 1,000 operating 

hours. The NPRM (77 FR 73557, 

December 11, 2012) did not include the 

cost of the functional check in the 

estimated annual costs of compliance, 

while this AD does include that cost. 

The fleet cost for the functional check 

every 1,000 operating hours is $181,050, 

bringing the new total estimated fleet 

cost of compliance for this AD to 

$19,493,050. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We determined that the changes we 

have made, that is, the change based on 

revised MCAI and the editorial changes 

made to improve clarity, will not 

increase the economic burden on any 

operator or increase the scope of the AD. 

Costs of Compliance 

We estimate that this AD will affect 

about 1,420 engines installed in 

helicopters of U.S. registry. We do not 

have an estimate of how many engine 

tachometers will fail the inspection, so 

we have estimated the cost of repetitive 

inspections of engine tachometer units 

for one year and the cost of a required 

1000-hour functional check. We 

estimate that an average of 320 checks 

will be required per year, and that it 

will take about 30 minutes per engine to 

perform a check of the engine’s 

tachometer unit cycle-counting feature. 

We estimate the 1,000-operating-hour 

functional check to take 1.5 hours to 

complete. The average labor rate is $85 

per hour. No parts will be required. 

Based on these figures, we estimate the 

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

be $19,493,050. 

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 

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); and 

(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 a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

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, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (phone: 

800–647–5527) is provided 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. 


tkelley on DSK3SPTVN1PROD with RULES
23832 Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Rules and Regulations 

1 42 U.S.C. 13232(a). 

2 Id. 

3 60 FR 26926 (May 19, 1995). 

4The Rule requires manufacturers to have a 

reasonable basis for the vehicle cruising range, and, 

for certain AFVs, specifies the test method for 

calculating that range. 16 CFR 309.22. 

5The general factors listed on the current label 

include fuel type, operating costs, fuel availability, 

performance, convenience, energy security, energy 

renewability, and emissions. See 16 CFR part 309, 

Appendix A. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2013–08–22 Turbomeca S.A.: Amendment 

39–17440; Docket No. FAA–2012–1131; 

Directorate Identifier 2012–NE–34–AD. 

(a) Effective Date 

This AD becomes effective May 28, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Turbomeca S.A. Arriel 

1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 

1K1, 1S, and 1S1 turboshaft engines that 

have incorporated Modification TU 207 or 

TU 243, or have incorporated Turbomeca 

Service Bulletin (SB) No. 292 80 0168 or SB 

No. 292 80 0190. 

(d) Reason 

This AD was prompted by detailed 

analysis and review of the accuracy of the 

engine’s tachometer cycle-counting feature. 

We are issuing this AD to prevent 

uncontained engine failure and damage to 

the helicopter. 

(e) Actions and Compliance 

(1) If a tachometer is installed on the 

engine, but is not used to count cycles, then 

no further action is required. 

(2) During the post-flight maintenance 

inspection after the last flight of each day, 

verify that the cycles counted by the engine’s 

tachometer unit agree with the cycles 

counted by the primary counting method. 

(3) If the numbers are different, use the 

primary counting method thereafter to 

determine all cycle counts. Do not use the 

values from the tachometer cycle-counting 

feature. 

(4) If the engine tachometer cycle-counting 

feature remains accurate, then every 1,000 

operating hours, perform a ground-run 

functional check of the tachometer unit 

cycle-counting feature in addition to the 

daily inspections in paragraph (e)(2) of this 

AD. If the tachometer cycle-counting feature 

fails the check, thereafter, use only the 

primary cycle-counting method to count 

cycles. 

(5) If the tachometer is replaced, follow the 

instructions in paragraphs (e)(2), (e)(3), and 

(e)(4) of this AD. 

(f) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

may approve AMOCs for this AD. Use the 

procedures found in 14 CFR 39.19 to make 

your request. 

(g) Related Information 

(1) For more information about this AD, 

contact Sanjana Murthy, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7750; fax: 781–238–7199; 

email: sanjana.murthy@faa.gov. 

(2) Refer to European Aviation Safety 

Agency AD 2012–0187R2, dated December 6, 

2012, and Turbomeca S.A. SB No. 292 80 

0168 and SB No. 292 80 0190, for related 

information. 

(3) For service information identified in 

this AD, contact Turbomeca S.A., 40220 

Tarnos, France; phone: 33 (0) 5 59 74 40 00; 

telex: 570 042; fax: 33 (0) 5 59 74 45 15. 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. 

(h) Material Incorporated by Reference 

None. 

Issued in Burlington, Massachusetts, on 

April 16, 2013. 

Colleen M. D’Alessandro, 

Assistant Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–09349 Filed 4–22–13; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 309 

[RIN 3084–AB21] 

Labeling Requirements for Alternative 

Fuels and Alternative Fueled Vehicles 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Final rule. 

SUMMARY: The Commission amends the 

Alternative Fuels Rule (‘‘Labeling 

Requirements for Alternative Fuels and 

Alternative Fueled Vehicles’’) to 

consolidate the FTC’s alternative fueled 

vehicle (AFV) labels with new fuel 

economy labels required by the 

Environmental Protection Agency (EPA) 

and the National Highway Traffic Safety 

Administration (NHTSA). The 

amendments also eliminate labeling 

requirements for used AFV labels. 

DATES: The amendments published in 

this document will become effective on 

May 31, 2013. 

ADDRESSES: Requests for copies of this 

document should be sent to: Public 

Records Branch, Room 130, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW., Washington, DC 20580. 

This document, and public records 

related to the FTC’s regulatory review, 

are also available at that address and at 

www.ftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, (202) 326–2889, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, Room M–8102B, 

600 Pennsylvania Avenue NW., 

Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Energy Policy Act of 1992 (EPAct 

92 or Act) established federal programs 

to encourage the development of 

alternative fuels and alternative fueled 

vehicles (AFVs). Section 406(a) of the 

Act directed the Commission to 

establish uniform labeling requirements 

for alternative fuels and AFVs. Under 

the Act, such labels must provide 

‘‘appropriate information with respect 

to costs and benefits [of alternative fuels 

and AFVs], so as to reasonably enable 

the consumer to make choices and 

comparisons.’’ 1 In addition, the 

required labels must be ‘‘simple and, 

where appropriate, consolidated with 

other labels providing information to 

the consumer.’’ 2

In response to EPAct 92, the 

Commission published the Alternative 

Fuels Rule in 1995.3 The Rule requires 

labels on new and used AFVs that run 

on liquid and non-liquid fuels, such as 

ethanol and other alcohols, including 

E85 ethanol-gasoline mixtures, natural 

gas, liquefied petroleum gas, hydrogen, 

coal-derived liquid fuels, fuels derived 

from biological materials (e.g., 100% 

biodiesel), and electricity. The labels for 

new AFVs disclose the vehicle’s 

estimated driving range (i.e., the travel 

distance on a single charge or tank of 

fuel), general factors consumers should 

consider before buying an AFV, and 

toll-free telephone numbers and Web 

sites for additional information from the 

Department of Energy (DOE) and 

NHTSA.4 Labels for used AFVs contain 

only the general buying factors and 

DOE/NHTSA contact information.5 The 

Rule also requires labels on fuel 

dispensers for non-liquid alternative 

fuels, such as electricity, compressed 

natural gas, and hydrogen. The labels 

for electricity provide the charging 

system’s kilowatt capacity, voltage, and 

other related information. The labels for 

other non-liquid fuels disclose the fuel’s 

commonly used name and principal 

component (expressed as a percentage). 

II. Regulatory Review 

In a 2011 Advance Notice of Proposed 

Rulemaking (ANPR), the Commission 

initiated its regulatory review of the 

Alternative Fuels Rule to, among other 


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