Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations 9987 

(a) Applicability 

This AD applies to Model S–76A, S–76B, 

S–76C, and S–76D helicopters, serial 

numbers (S/N) up to and including 761050, 

certificated in any category, with a tail drive 

shaft (TDS) part number (P/N) and S/N as 

follows: 

(a) P/N 76361–04004 (all dash numbers) 

with an S/N up to and including A127– 

01092; or 

(b) P/N 76361–04604 (all dash numbers) 

with an S/N with a prefix A240 or B240, or 

with an S/N C240–00001 through C240– 

00880. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

loose or fractured TDS flange-to-shaft 

attachment hardware. This condition could 

result in loss of a tail rotor drive and 

subsequent loss of control of the helicopter. 

(c) Effective Date 

This AD becomes effective March 12, 2015. 

(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 

Within 30 hours time-in-service: 

(1) Inspect each TDS flange attachment 

hardware at all four locations for looseness 

and torque stripe misalignment as depicted 

in Figure 1 and shown in Figure 2 of 

Sikorsky Aircraft Corporation Alert Service 

Bulletin ASB 76–66–52, Basic Issue, dated 

April 1, 2014 (ASB). Inspect each nut to 

determine whether it can be rotated by hand. 

Determine whether the hardware is 

assembled correctly by following the 

Accomplishment Instructions, paragraph 

B.(3)(a) through B.(3)(b) of the ASB. 

Determine the torque of each nut. 

(2) If there is no looseness, torque stripe 

misalignment, incorrect hardware assembly, 

and if no nut can be rotated by hand and the 

torque of any nut is not less than 105 inchpounds, no further action is required by this 

AD. 

(3) If there is looseness, torque stripe 

misalignment, incorrect hardware assembly, 

a nut rotated by hand, or the torque of any 

nut is less than 105 inch-pounds, do the 

following: 

(i) Apply an index mark to the flange and 

shaft to make sure the flange is reinstalled in 

the same position and to maintain shaft 

balance, unbolt and remove the flange from 

the shaft, and visually inspect each radius 

washer for wear or fretting. Replace any 

washer with wear or fretting. 

(ii) Inspect the flange and shaft for a crack, 

fracture, wear on the mounting hole, and 

diameter by following the Accomplishment 

Instructions, paragraph 3.D.(5)(a) through 

3.D.(5)(e), of the ASB. If the flange and shaft 

fail any of the inspection criteria, before 

further flight, replace the TDS with an 

airworthy TDS. 

(iii) Align index marks, install the flange 

on the shaft, and coat the grip length of each 

bolt and the contact surfaces on each radius 

washer and washer with epoxy polyamide 

primer. 

(iv) Torque each nut by following either 

paragraph D.(9) or D.(10) of the 

Accomplishment Instructions of the ASB. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Boston Aircraft 

Certification Office, FAA, may approve 

AMOCs for this AD. Send your proposal to: 

Michael Schwetz, Aviation Safety Engineer, 

Engine & Propeller Directorate, FAA, 12 New 

England Executive Park, Burlington, 

Massachusetts 01803; telephone (781) 238– 

7761; email michael.schwetz@faa.gov. 

(2) 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) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6510 Tail Rotor Drive Shaft. 

(h) 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) Sikorsky Aircraft Corporation Alert 

Service Bulletin ASB 76–66–52, Basic issue, 

dated April 1, 2014. 

(ii) Reserved. 

(3) For Sikorsky Aircraft Corporation 

service information identified in this AD, 

contact Sikorsky Aircraft Corporation, 

Customer Service Engineering, 124 Quarry 

Road, Trumbull, CT 06611; telephone 1–800– 

Winged–S or 203–416–4299; email 

sikorskywcs@sikorsky.com. 

(4) You may view this service information 

at FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas 76137. 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 February 

9, 2015. 

Bruce E. Cain, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–03703 Filed 2–24–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 0 

[AG Order No. 3495–2015] 

Authorization To Seize Property 

Involved in Drug Offenses for 

Administrative Forfeiture (2012R–9P) 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice is 

amending its regulations to delegate to 

the Director of the Bureau of Alcohol, 

Tobacco, Firearms, and Explosives 

(ATF) authority to seize and 

administratively forfeit property 

involved in controlled substance 

offenses. 

DATES: This rule is effective February 

25, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Denise Brown, Enforcement Programs 

and Services, Bureau of Alcohol, 

Tobacco, Firearms, and Explosives, U.S. 

Department of Justice, 99 New York 

Avenue NE., Washington, DC 20226, 

telephone: (202) 648–7070. 

SUPPLEMENTARY INFORMATION: 

Background 

After the Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF) became 

part of the Department of Justice (DOJ) 

in January 2003, pursuant to the 

Homeland Security Act of 2002 (Pub. L. 

107–296), the Attorney General 

delegated to ATF the authority to 

investigate, seize, and forfeit property 

involved in a violation or attempted 

violation within its investigative 

jurisdiction. See 28 CFR 0.130(b)(1). 

ATF investigations focusing on violent 

crime frequently involve complex 

criminal organizations with multiple 

criminal enterprises and uncover drugrelated offenses in addition to offenses 

within ATF’s primary jurisdiction, such 

as violations of the Gun Control Act, 18 

U.S.C. Chapter 44, the National 

Firearms Act, 26 U.S.C. Chapter 53, or 

the Contraband Cigarette Trafficking 

Act, 18 U.S.C. Chapter 114. In such 

investigations, ATF historically did not 

have authority under 21 U.S.C. Chapter 

13 to seize for administrative forfeiture 

property involved in controlled 

substance offenses. Instead, ATF 

generally referred such property to the 

Drug Enforcement Administration 

(DEA), which is primarily responsible 

for investigating violations of drug laws 

contained in title 21 of the United States 

Code. DEA would then initiate, process, 

and conclude all necessary 

administrative forfeiture actions for the 

controlled substance-related property. 


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9988 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations 

In other situations, ATF had to request 

that the local U.S. Attorney’s office 

pursue a judicial forfeiture of such drugrelated property. 

The Department believes that 

forfeiting the assets of criminals is an 

essential tool in combating criminal 

activity that provides law enforcement 

with the ability to dismantle criminal 

organizations, deprive wrongdoers of 

the proceeds of their crimes, and deter 

crime. The Department further believes 

that administrative forfeiture permits 

the expedient and effective use of this 

valuable law enforcement tool. 

An uncontested administrative 

forfeiture can be perfected in 60–90 

days for minimal cost, including the 

personal notice to interested parties and 

the notice by publication required by 

statute. Conversely, the costs associated 

with judicial forfeiture can amount to 

hundreds or thousands of dollars and 

the judicial process generally can take 

anywhere from 6 months to years. In the 

meantime, the government incurs 

additional costs if the property requires 

storage or maintenance until a final 

order of forfeiture can be obtained. 

One of the primary missions of ATF 

is to combat firearm-related violent 

crime. The nexus between drug 

trafficking and firearm violence is well 

established. Upon review of the current 

role and mission of ATF within DOJ, the 

Attorney General decided to authorize a 

temporary delegation of title 21 seizure 

and forfeiture authority to determine 

whether such authority can enhance the 

effectiveness of ATF in the investigation 

of violent crimes involving firearms. On 

August 21, 2012, the Attorney General 

signed a final rule delegating seizure 

and forfeiture authority under 21 U.S.C. 

881 to the ATF for a trial period of one 

year, effective February 25, 2013. 77 FR 

51698 (Aug. 27, 2012). By subsequent 

action, the Attorney General extended 

the same authority to ATF for an 

additional one-year period to give ATF 

more time to refine its process, fully 

hire and train all necessary staff, and 

further demonstrate the effectiveness of 

the delegation in the investigation of 

violent crimes involving firearms. 79 FR 

12060 (Mar. 4, 2014). 

ATF has refined its title 21 asset 

forfeiture process, and strengthened the 

overall asset forfeiture program, by 

changing organizational structure, 

adding experienced personnel and 

resources to review and more efficiently 

process all of ATF’s administrative 

forfeitures, and providing additional 

asset forfeiture training to all agency 

personnel involved in the forfeiture 

process, together with a renewed focus 

on the proper execution of all phases of 

ATF’s asset forfeiture mission to ensure 

that all interested parties are afforded 

due process under the law, that all 

seized assets are accounted for and 

properly maintained, and that all 

forfeited property is disposed of 

according to law in a timely and costefficient manner. 

This authority has given ATF the 

ability to process drug-related property 

seized in criminal investigations in 

which firearms and explosives also are 

seized. From February 25, 2013, to 

September 30, 2014, ATF used its 

authority under title 21 to seize more 

than 1,700 assets with a total value in 

excess of $19,300,000. 

The delegation of authority has 

afforded cost savings to the United 

States government by streamlining the 

forfeiture process to prevent 

unnecessary burden on the judicial 

system and the public and by permitting 

the government to process forfeitures 

within a single agency. The grant of title 

21 seizure and forfeiture authority will 

permit ATF to continue its use of asset 

forfeiture as a valuable tool in support 

of its law enforcement mission and 

enable the Department to further 

increase the speed and efficiency of 

uncontested forfeiture actions. 

Final Rule 

This rule amends the regulations in 

28 CFR part 0 to delegate to the Director 

of ATF the authority to seize, forfeit, 

and remit or mitigate the forfeiture of 

property in accordance with 21 U.S.C. 

881. 

Forfeiting the assets of criminals is an 

essential tool in combating criminal 

activity and provides law enforcement 

with the capacity to dismantle criminal 

organizations, deprive wrongdoers of 

the proceeds of their illegal activities, 

and deter crime. Therefore, the Attorney 

General has decided to delegate to the 

Director of ATF without a time limit 

administrative seizure and forfeiture 

authority under title 21 to permit 

expedient and effective use of this 

valuable law enforcement tool in the 

investigation of violent crime involving 

firearms. 

How This Document Complies With the 

Federal Administrative Requirements 

for Rulemaking 

Administrative Procedure Act (APA) 

Notice and comment rulemaking is 

not required for this final rule. Under 

the APA, ‘‘rules of agency organization, 

procedure or practice,’’ 5 U.S.C. 

553(b)(A), that do not ‘‘affect[] 

individual rights and obligations,’’ 

Morton v. Ruiz, 415 U.S. 199, 232 

(1974), are exempt from the general 

notice and comment requirements of 

section 553 of title 5 of the United States 

Code. See JEM Broad. Co. v. FCC, 22 

F.3d 320, 326 (D.C. Cir. 1994) (section 

553(b)(A) applies to ‘‘agency actions 

that do not themselves alter the rights or 

interests of parties, although [they] may 

alter the manner in which the parties 

present themselves or their viewpoints 

to the agency’’) (quoting Batterton v. 

Marshall, 648 F.2d 694, 707 (D.C. Cir. 

1980) (internal quotation marks 

omitted)). The revisions to the 

regulations in 28 CFR part 0 are purely 

a matter of agency organization, 

procedure, and practice that will not 

affect individual rights and obligations. 

This rule does not expand the 

government’s ability as a matter of law 

to effectuate forfeitures; it simply 

authorizes the Director of ATF to 

effectuate such forfeitures. Internal 

delegations of authority such as in this 

final rule are ‘‘rules of agency 

organization, procedure, or practice’’ 

under the APA. In addition, this rule is 

exempt from the usual requirements of 

prior notice and comment and a 30-day 

delay in effective date because, as an 

internal delegation of authority, it 

relates to a matter of agency 

management or personnel. See 5 U.S.C. 

553(a)(2). 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 605(b), has reviewed this rule 

and, by approving it, certifies that it will 

not have a significant economic impact 

on a substantial number of small entities 

because it pertains to personnel and 

administrative matters affecting the 

Department. Further, a Regulatory 

Flexibility Analysis is not required for 

this final rule because the Department 

was not required to publish a general 

notice of proposed rulemaking for this 

matter. 

Executive Order 12866 and Executive 

Order 13563 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ section 1(b), Principles of 

Regulation, and with Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review.’’ This rule is limited 

to agency organization, management, or 

personnel matters as described by 

Executive Order 12866, section 3(d)(3) 

and, therefore, is not a ‘‘regulation’’ or 

‘‘rule’’ as defined by that Executive 

Order. 

This rule will not have an annual 

effect on the economy of $100 million 

or more, nor will it adversely affect in 

a material way the economy, a sector of 

the economy, productivity, competition, 


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Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations 9989 

jobs, the environment, public health or 

safety, or State, local, or tribal 

government or communities. 

Accordingly, this rule is not a 

‘‘significant regulatory action’’ as 

defined in Executive Order 12866. 

Executive Order 12988 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, ‘‘Civil 

Justice Reform.’’ 

Executive Order 13132 

This rule will not have substantial 

direct effects 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. Therefore, in 

accordance with Executive Order 13132, 

‘‘Federalism,’’ the Department has 

determined that this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501 et seq. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 5 U.S.C. 

804. This rule will not result in an 

annual effect on the economy of $100 

million or more; a major increase in 

costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

Congressional Review Act 

This action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties. Accordingly, it is not a 

rule for purposes of the reporting 

requirement of 5 U.S.C. 801. 

List of Subjects in 28 CFR Part 0 

Authority delegations (Government 

agencies), Government employees, 

Organization and functions 

(Government agencies), Privacy, 

Reporting and recordkeeping 

requirements, Whistleblowing. 

Authority and Issuance 

Accordingly, by virtue of the 

authority vested in me as Attorney 

General, including 5 U.S.C. 301 and 28 

U.S.C. 509, 510, and for the reasons set 

forth in the preamble, part 0 of title 28 

of the Code of Federal Regulations is 

amended as follows: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority citation for 28 CFR 

part 0 continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519. 

§ 0.130 [Amended] 

■ 2. In § 0.130, amend paragraph (b)(2) 

by removing the second sentence. 

Dated: February 20, 2015. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2015–03839 Filed 2–24–15; 8:45 am] 

BILLING CODE 4410–19–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

29 CFR Part 825 

RIN 1235–AA09 

Definition of Spouse Under the Family 

and Medical Leave Act 

AGENCY: Wage and Hour Division, 

Department of Labor. 

ACTION: Final rule. 

SUMMARY: The Department of Labor’s 

(Department) Wage and Hour Division 

(WHD) revises the regulation defining 

‘‘spouse’’ under the Family and Medical 

Leave Act of 1993 (FMLA or the Act) in 

light of the United States Supreme 

Court’s decision in United States v. 

Windsor, which found section 3 of the 

Defense of Marriage Act (DOMA) to be 

unconstitutional. 

DATES: This Final Rule is effective 

March 27, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Mary Ziegler, Director of the Division of 

Regulations, Legislation, and 

Interpretation, U.S. Department of 

Labor, Wage and Hour Division, 200 

Constitution Avenue NW., Room S– 

3502, Frances Perkins Building, 

Washington, DC 20210; telephone: (202) 

693–0406 (this is not a toll-free 

number). Copies of this Final Rule may 

be obtained in alternative formats (large 

print, braille, audio tape or disc), upon 

request, by calling (202) 693–0675 (this 

is not a toll-free number). TTY/TDD 

callers may dial toll-free 1–877–889– 

5627 to obtain information or request 

materials in alternative formats. 

Questions of interpretation and/or 

enforcement of the agency’s current 

regulations may be directed to the 

nearest WHD district office. Locate the 

nearest office by calling WHD’s toll-free 

help line at (866) 4US–WAGE ((866) 

487–9243) between 8 a.m. and 5 p.m. in 

your local time zone, or log onto WHD’s 

Web site for a nationwide listing of 

WHD district and area offices at 

http://www.dol.gov/whd/america2.htm. 

Please visit http://www.dol.gov/whd for 

more information and resources about 

the laws administered and enforced by 

WHD. Information and compliance 

assistance materials specific to this 

Final Rule can be found at: http://

www.dol.gov/whd/fmla/spouse/. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. What the FMLA Provides 

The Family and Medical Leave Act of 

1993, 29 U.S.C. 2601 et seq., entitles 

eligible employees of covered employers 

to take job-protected, unpaid leave, or to 

substitute appropriate accrued paid 

leave, for up to a total of 12 workweeks 

in a 12-month period for the birth of the 

employee’s son or daughter and to care 

for the newborn child; for the placement 

of a son or daughter with the employee 

for adoption or foster care; to care for 

the employee’s spouse, parent, son, or 

daughter with a serious health 

condition; when the employee is unable 

to work due to the employee’s own 

serious health condition; or for any 

qualifying exigency arising out of the 

fact that the employee’s spouse, son, 

daughter, or parent is a military member 

on covered active duty. 29 U.S.C. 2612. 

An eligible employee may also take up 

to 26 workweeks of FMLA leave during 

a ‘‘single 12-month period’’ to care for 

a covered servicemember with a serious 

injury or illness, when the employee is 

the spouse, son, daughter, parent, or 

next of kin of the servicemember. Id. 

FMLA leave may be taken in a block, 

or under certain circumstances, 

intermittently or on a reduced leave 

schedule. Id. In addition to providing 

job-protected family and medical leave, 

employers must also maintain any 

preexisting group health plan coverage 

for an employee on FMLA-protected 

leave under the same conditions that 

would apply if the employee had not 

taken leave. 29 U.S.C. 2614. Once the 

leave period is concluded, the employer 


wreier-aviles on DSK5TPTVN1PROD with RULES