Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Proposed Rules 5395 

DOI and USDA, DOI and USDA shall 

consult and jointly determine within 

thirty (30) calendar days of receiving the 

initiation request information from DOE 

to determine which Department has a 

greater land management interest in the 

proposed Qualifying Project and which 

Department should therefore assume the 

role of NEPA Lead Agency. 

(b) DOI and USDA shall notify DOE 

of their determination regarding the 

NEPA Lead Agency in writing within 

ten (10) calendar days of making the 

determination. 

(c) Unless DOE notifies DOI and 

USDA in writing of its objection to that 

determination within ten (10) calendar 

days of the DOI/USDA notification, the 

determination shall be deemed accepted 

and final. In deciding whether to object 

to the determination, DOE shall 

consider the CEQ regulations pertaining 

to selection of the lead agency, 

including 40 CFR 1501.5(c). 

(d) When the NEPA Lead Agency is 

not established pursuant to paragraphs 

(a) through (c) of this section, the 

Federal entities that will likely 

constitute the cooperating agencies for 

an environmental review document 

under NEPA shall consult and jointly 

recommend a NEPA Lead Agency 

within 45 calendar days of receiving an 

IIP Process close-out meeting request to 

the Council on Environmental Quality 

for a fine determination. No 

determination of a Federal entity as the 

NEPA Lead Agency under this part shall 

be made absent that Federal entity’s 

consent. 

§ 900.6 IIP Process administrative file. 

(a) When communicating with the 

Project Proponent during the IIP 

Process, Federal entities are expected to 

include DOE involved in the IIP Process 

for the Project Proponent’s proposed 

Qualifying Project. 

(b) DOE shall maintain all 

information, including documents and 

communications, it disseminates or 

receives from the Project Proponent, 

Federal entities, and non-Federal 

entities during the IIP Process for future 

use in reviewing any applications for 

required Federal authorizations for the 

proposed Qualifying Project. Before 

disseminating information specific to a 

Federal entity’s or non-Federal entity’s 

review, DOE must receive approval from 

that agency in accordance with that 

Federal entity’s Freedom of Information 

Act requirements. 

(c) DOE shall document the list of 

issues identified during the IIP process 

for a proposed Qualifying Project and 

updates to information provided as part 

of the close-out meeting discussion in a 

final IIP Resources Report, if any, for the 

IIP Process Administrative File. 

(d) Each Federal entity is encouraged 

to maintain the documents and 

communications developed in the IIP 

Process subject to each Federal entity’s 

administrative record policies and, as 

appropriate and applicable, those 

documents and communications could 

become part of that Federal entity’s 

administrative record for granting or 

denying a Federal authorization for each 

Qualifying Project. 

[FR Doc. 2016–01641 Filed 2–1–16; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–7490; Directorate 

Identifier 2015–NE–40–AD] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Turbomeca S.A. Astazou XIV B and H 

turboshaft engines. This proposed AD 

was prompted by a report of a crack on 

the 3rd stage turbine wheel. This 

proposed AD would require a one-time 

inspection of the front surface of the 3rd 

stage turbine for a groove. We are 

proposing this AD to prevent cracks in 

the 3rd stage turbine wheel, failure of 

the engine, in-flight shutdown, and loss 

of control of the helicopter. 

DATES: We must receive comments on 

this proposed AD by April 4, 2016. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 202–493–2251. 

For service information identified in 

this proposed AD, contact Turbomeca 

S.A., 40220 Tarnos, France; phone: 33 

(0)5 59 74 40 00; fax: 33 (0)5 59 74 45 

15. You may view this service 

information at the FAA, Engine & 

Propeller Directorate, 1200 District 

Avenue, 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 by searching for 

and locating Docket No. FAA–2015– 

7490; 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 proposed AD, the 

mandatory continuing airworthiness 

information (MCAI), the regulatory 

evaluation, any comments received, and 

other information. The 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: 

Wego Wang, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 1200 District 

Avenue, Burlington, MA 01803; phone: 

781–238–7134; fax: 781–238–7199; 

email: wego.wang@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this NPRM. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2015–7490; Directorate Identifier 2015– 

NE–40–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this NPRM. We will consider 

all comments received by the closing 

date and may amend this NPRM based 

on 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 with FAA 

personnel concerning this NPRM. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD 2015– 

0223, dated November 16, 2015 

(referred to hereinafter as ‘‘the MCAI’’), 

to correct an unsafe condition for the 

specified products. The MCAI states: 

During the overhaul of an ASTAZOU XIV 

engine, a crack was detected on the front face 


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5396 Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Proposed Rules 

of the third stage turbine wheel between two 

balancing lugs. The cause of the crack is 

probably linked to a geometric singularity, 

likely caused by the transformation operation 

aimed at introducing expansion slots 

between the blades during embodiment of 

Turbomeca mod AB 173. Although there is 

only one known case of this type of crack, 

and although it was detected, the possibility 

exists that additional parts have the same 

geometric singularity. 

This condition, if not detected and 

corrected, may lead to failure of a turbine 

blade and its associated piece of rim, 

possibly resulting in an uncommanded inflight shut-down and/or release of high 

energy debris. 

You may obtain further information 

by examining the MCAI in the AD 

docket on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

7490. 

Related Service Information Under 1 

CFR Part 51 

Turbomeca S.A. has issued Service 

Bulletin (SB) No. 283 72 0811, Version 

A, dated August 25, 2015. The SB 

describes procedures for inspection of 

the 3rd stage turbine wheel. This service 

information is reasonably available 

because the interested parties have 

access to it through their normal course 

of business or by the means identified 

in the ADDRESSES section of this NPRM. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of France, and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with the European 

Community, EASA has notified us of 

the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

NPRM because we evaluated all 

information provided by EASA and 

determined the unsafe condition exists 

and is likely to exist or develop on other 

products of the same type design. This 

NPRM would require inspecting the 

front surface of the 3rd stage turbine for 

a groove. 

Costs of Compliance 

We estimate that this proposed AD 

affects 9 engines installed on helicopters 

of U.S. registry. We also estimate that it 

would take about 5 hours per engine to 

comply with this proposed AD. The 

average labor rate is $85 per hour. Based 

on these figures, we estimate the cost of 

this proposed AD on U.S. operators to 

be $3,825. 

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 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 this 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 adding 

the following new airworthiness 

directive (AD): 

Turbomeca S.A.: Docket No. FAA–2015– 

7490; Directorate Identifier 2015–NE– 

40–AD. 

(a) Comments Due Date 

We must receive comments by April 4, 

2016. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Astazou XIV B and 

XIV H turboshaft engines with 3rd stage 

turbine wheel, part number (P/N) 0 265 25 

700 0 or P/N 0 265 25 706 0, installed, if the 

engine incorporates Turbomeca modification 

AB–173 or AB–208. 

(d) Reason 

This AD was prompted by a report of a 

crack on the 3rd stage turbine wheel. We are 

issuing this AD to prevent cracks in the 3rd 

stage turbine wheel, failure of the engine, inflight shutdown, and loss of control of the 

helicopter. 

(e) Actions and Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(1) At the next piece part exposure of the 

3rd stage turbine wheel or within 1,000 

engine hours after the effective date of this 

AD whichever comes first, perform a onetime inspection for a groove on the front 

surface of the 3rd stage turbine wheel. Use 

Accomplishment Instructions, paragraph 

4.4.2, of Turbomeca S.A. Service Bulletin 

(SB) No. 283 72 0811, Version A, dated 

August 25, 2015 to perform the inspection. 

(2) If the 3rd stage turbine wheel passes 

inspection required by paragraph (e)(1) of 

this AD, no further action is required. 

(3) If the 3rd stage turbine wheel fails 

inspection required by paragraph (e)(1) of 

this AD, remove the part and replace with a 

part eligible for installation. 

(f) Installation Prohibition 

After the effective date of this AD, do not 

install any 3rd stage turbine wheel, P/N 0 265 

25 700 0 or P/N 0 265 25 706 0, unless it was 

inspected per the Accomplishment 

Instructions, paragraph 4.4.2, of Turbomeca 

S.A. SB No. 283 72 0811, Version A, dated 

August 25, 2015. 

(g) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

FAA, may approve AMOCs for this AD. Use 

the procedures found in 14 CFR 39.19 to 

make your request. You may email your 

request to: ANE–AD–AMOC@faa.gov. 

(h) Related Information 

(1) For more information about this AD, 

contact Wego Wang, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 1200 District Avenue, 

Burlington, MA 01803; phone: 781–238– 


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Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Proposed Rules 5397 

7134; fax: 781–238–7199; email: wego.wang@

faa.gov. 

(2) Refer to MCAI European Aviation 

Safety Agency AD 2015–0223, dated 

November 16, 2015, for more information. 

You may examine the MCAI in the AD 

docket on the Internet at http://

www.regulations.gov by searching for and 

locating it in Docket No. FAA–2015–7490. 

(3) Turbomeca S.A. SB No. 283 72 0811, 

Version A, dated August 25, 2015, can be 

obtained from Turbomeca S.A., using the 

contact information in paragraph (h)(4) of 

this proposed AD. 

(4) For service information identified in 

this proposed AD, contact Turbomeca S.A., 

40220 Tarnos, France; phone: 33 (0)5 59 74 

40 00; fax: 33 (0)5 59 74 45 15. 

(5) You may view this service information 

at the FAA, Engine & Propeller Directorate, 

1200 District Avenue, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

Issued in Burlington, Massachusetts, on 

January 27, 2016. 

Colleen M. D’Alessandro, 

Manager, Engine & Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2016–01770 Filed 2–1–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 401 

[CMS–5061–P] 

RIN 0938–AS66 

Medicare Program: Expanding Uses of 

Medicare Data by Qualified Entities 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

implement new statutory requirements 

that would expand how qualified 

entities may use and disclose data under 

the qualified entity program to the 

extent consistent with applicable 

program requirements and other 

applicable laws, including information, 

privacy, security and disclosure laws. In 

doing so, this proposed rule would 

explain how qualified entities may 

create non-public analyses and provide 

or sell such analyses to authorized 

users, as well as how qualified entities 

may provide or sell combined data, or 

provide Medicare claims data alone at 

no cost, to certain authorized users. This 

proposed rule would also implement 

certain privacy and security 

requirements, and impose assessments 

on qualified entities if the qualified 

entity or the authorized user violates the 

terms of a data use agreement (DUA) 

required by the qualified entity 

program. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on March 29, 2016. 

ADDRESSES: In commenting, please refer 

to file code CMS–5061–P. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed): 

1. Electronically. You may submit 

electronic comments on this regulation 

to http://www.regulations.gov. Follow 

the ‘‘Submit a comment’’ instructions. 

2. By regular mail. You may mail 

written comments to the following 

address only: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–5061–P, P.O. Box 8010, Baltimore, 

MD 21244–1850. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address only: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–5061–P, Mail 

Stop C4–26–05, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

4. By hand or courier. Alternatively, 

you may deliver (by hand or courier) 

your written comments only to the 

following addresses prior to the close of 

the comment period: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue SW., 

Washington, DC 20201. 

(Because access to the interior of the 

Hubert H. Humphrey Building is not 

readily available to persons without 

Federal government identification, 

commenters are encouraged to leave 

their comments in the CMS drop slots 

located in the main lobby of the 

building. A stamp-in clock is available 

for persons wishing to retain a proof of 

filing by stamping in and retaining an 

extra copy of the comments being filed.) 

b. For delivery in Baltimore, MD— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

If you intend to deliver your 

comments to the Baltimore address, call 

telephone number (410) 786–9994 in 

advance to schedule your arrival with 

one of our staff members. 

Comments erroneously mailed to the 

addresses indicated as appropriate for 

hand or courier delivery may be delayed 

and received after the comment period. 

For information on viewing public 

comments, see the beginning of the 

SUPPLEMENTARY INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: 

Allison Oelschlaeger, (202) 690–8257. 

Kari Gaare, (410) 786–8612. 

SUPPLEMENTARY INFORMATION: 

Inspection of Public Comments: All 

comments received before the close of 

the comment period are available for 

viewing by the public, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post all comments 

received before the close of the 

comment period on the following Web 

site as soon as possible after they have 

been received: http://

www.regulations.gov. Follow the search 

instructions on that Web site to view 

public comments. 

Comments received timely will also 

be available for public inspection as 

they are received, generally beginning 

approximately 3 weeks after publication 

of a document, at the headquarters of 

the Centers for Medicare & Medicaid 

Services, 7500 Security Boulevard, 

Baltimore, Maryland 21244, Monday 

through Friday of each week from 8:30 

a.m. to 4 p.m. To schedule an 

appointment to view public comments, 

phone 1–800–743–3951. 

I. Background 

On April 16, 2015, the Medicare 

Access and CHIP Reauthorization Act of 

2015 (MACRA) (Pub. L. 114–10) was 

enacted. The law included a provision, 

Section 105, Expanding the Availability 

of Medicare Data, which takes effect on 

July 1, 2016. This section expands how 

qualified entities will be allowed to use 

and disclose data under the qualified 

entity program, including data subject to 

section 1874(e) of the Social Security 

Act (the Act), to the extent consistent 

with other applicable laws, including 

information, privacy, security and 

disclosure laws. 

The Qualified Entity program was 

established by Section 10332 of the 

Patient Protection and Affordable Care 

Act (Affordable Care Act) (Pub. L. 111– 

148). The implementing regulations, 

which became effective January 6, 2012, 

are found in subpart G of 42 CFR part 

401 (76 FR 76542). Under those 

provisions, CMS provides standardized 

extracts of Medicare Part A and B claims 

data and Part D drug event data 


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