Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules 22209 

(b) Class 3 (Native) oil—a salable 

quantity of 1,432,189 pounds and an 

allotment percentage of 61 percent. 

Dated: April 9, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–08681 Filed 4–12–13; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 26 

[Docket No. PRM–26–8; NRC–2012–0290] 

Additional Synthetic Drug Testing 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for Rulemaking; 

consideration in the rulemaking 

process. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) will consider the 

issues raised in a petition for 

rulemaking (PRM), PRM–26–8, 

submitted by Mr. Thomas King (the 

petitioner) in the NRC’s rulemaking 

process. The petitioner requested that 

the NRC amend its Fitness for Duty 

program regulations to amend drug 

testing requirements to test for 

additional synthetic drugs currently not 

included in the regulations. The NRC 

determined that the issues raised in the 

PRM are appropriate for consideration 

in an ongoing rulemaking on Drug and 

Alcohol Testing. The NRC is not 

instituting a public comment period at 

this time. 

DATES: The docket for the petition for 

rulemaking, PRM–26–8, is closed on 

April 15, 2013. 

ADDRESSES: Further NRC action on the 

issues raised by this petition can be 

found on the Federal rulemaking Web 

site at http://www.regulations.gov by 

searching on Docket ID NRC–2012– 

0079, which is the rulemaking docket 

for the Part 26 Drug and Alcohol 

Testing; Technical Issues and Editorial 

Changes rulemaking. 

You can access publicly available 

documents related to the petition, 

which the NRC possesses and are 

publicly available, using any of the 

following methods: 

• Federal Rulemaking Web site. 

Supporting materials related to this 

petition can be found at http:// 

www.regulations.gov by searching on 

the petition Docket ID NRC–2012–0290 

or the Part 26 Drug and Alcohol Testing; 

Technical Issues and Editorial Changes 

rulemaking Docket ID NRC–2012–0079. 

Address questions about NRC dockets to 

Carol Gallagher; telephone: 301–492– 

3668; email: Carol.Gallagher@nrc.gov. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, 

select ‘‘ADAMS Public Documents’’ and 

then select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

petition for rulemaking is available in 

ADAMS under Accession Number 

ML12332A137. 

• NRC’s Public Document Room 

(PDR): You may examine and purchase 

copies of public documents at the NRC’s 

PDR, Room O1–F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Scott Sloan, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555; 

telephone: 301–415–1619; email: 

Scott.Sloan@nrc.gov. 

SUPPLEMENTARY INFORMATION: On 

October 3, 2012, the NRC received a 

PRM filed by Thomas King requesting 

the NRC take immediate action to 

address and curtail the use of new 

synthetic drugs at nuclear power plants. 

The NRC requirements in Part 26 of 

Title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Fitness for Duty 

Program,’’ already enable licensees and 

other affected entities to add other drugs 

that are scheduled in the Controlled 

Substances Act to the panel of 

substances tested pursuant to 10 CFR 

26.31(d)(1)(i). However, the NRC has 

determined that the broader issue of 

synthetic drug use raised by the 

petitioner is appropriate for 

consideration and will address it in the 

ongoing 10 CFR part 26 Drug and 

Alcohol Testing; Technical Issues and 

Editorial Changes rulemaking. 

Therefore, the NRC is not instituting an 

opportunity for public comment at this 

time. Stakeholders will have an 

opportunity to comment on the 

proposed rule associated with 10 CFR 

part 26 Drug and Alcohol Testing; 

Technical Issues and Editorial Changes. 

You can monitor NRC action on the 

issues raised by this petition by 

searching on the rulemaking Docket ID 

NRC–2012–0079 on the Federal 

rulemaking Web site. This site allows 

you to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe: (1) Navigate to the docket 

folder (NRC–2012–0079; Part 26 Drug 

and Alcohol Testing; Technical Issues 

and Editorial Changes rulemaking); (2) 

click the ‘‘Email Alert’’ link; and (3) 

enter your email address and select how 

frequently you would like to receive 

emails (daily, weekly, or monthly). 

The Docket for the petition, PRM–26– 

8, is closed. 

Dated at Rockville, Maryland, this 4th day 

of April 2013. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2013–08752 Filed 4–12–13; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0340; Directorate 

Identifier 2010–SW–081–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland GmbH Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

Eurocopter Deutschland GmbH 

(Eurocopter) Model EC135 P1, EC135 

P2, EC135 P2+, EC135 T1, EC135 T2, 

EC135 T2+, and MBB–BK 117 C–2 

helicopters with a certain external 

mounted hoist system (hoist) with boom 

support assembly (boom) installed. This 

proposed AD would require inspecting 

the boom for a crack and, if a crack 

exists, replacing the boom with an 

airworthy boom. This proposed AD is 

prompted by cracks found on the boom 

during a pre-flight check of a hoist on 

an MBB–BK 117 C–2 helicopter. The 

proposed actions are intended to detect 

a crack and prevent failure of the boom, 

loss of the boom and attached loads, and 

subsequent loss of helicopter control. 

DATES: We must receive comments on 

this proposed AD by June 14, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

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

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

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22210 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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 proposed AD, the 

economic evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

Office (telephone 800–647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

For service information identified in 

this proposed AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at http:// 

www.eurocopter.com/techpub, and 

contact the Goodrich Corporation, 2727 

East Imperial Highway, Brea, CA 92821; 

telephone (714) 984–1461; fax 714–984– 

1675, or at www.goodrich.com. You may 

review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

FOR FURTHER INFORMATION CONTACT: Matt 

Wilbanks, Aviation Safety Engineer, 

Rotorcraft Certification Office, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

matt.wilbanks@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD No. 2010– 

0154, dated August 13, 2010, to correct 

an unsafe condition for Eurocopter 

Model MBB–BK 117 C–2, EC135, and 

EC635 series helicopters. EASA AD No. 

2010–0154 supersedes EASA AD No. 

2009–0093–E, dated April 17, 2009. 

EASA advises that cracks were detected 

on the boom, part number (P/N) 44307– 

500, during a pre-flight check of the 

hoist on a Model MBB–BK 117 C–2 

helicopter. EASA advises that this 

condition, if not detected and corrected, 

would impair the structural strength of 

the boom and could lead to failure of 

the boom. EASA advises that this could 

result in the loss of the boom and 

attached loads. According to EASA, 

boom P/Ns 44301–500 and 44307–500– 

1 are of similar design to P/N 44307– 

500, and therefore are also subject to 

this unsafe condition. As a result, EASA 

issued Emergency AD No. 2009–0093–E 

to require repetitive visual checks of the 

affected boom and removal or 

replacement of the boom when cracks 

are found. 

EASA advises that since AD No. 

2009–0093–E was issued, further 

technical investigation determined that 

torque values that were too high have 

been applied. EASA advises that 

Goodrich Corporation, manufacturer of 

the affected booms, has developed an 

inspection that will determine the need 

for further action. As a result, EASA 

superseded its AD to include a new 

inspection to detect damage, by issuing 

EASA AD No. 2010–0154. The EASA 

AD states that if no damage is found 

during this new inspection, that 

constitutes terminating action. 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of Germany 

and are approved for operation in the 

United States. Pursuant to our bilateral 

agreement with Germany, EASA, its 

technical representative, has notified us 

of the unsafe condition described in its 

AD. We are proposing this AD because 

we evaluated all known relevant 

information and determined that an 

unsafe condition is likely to exist or 

develop on other products of the same 

type design. 

Related Service Information 

Eurocopter has issued Emergency 

Alert Service Bulletin (EASB) No. 

EC135–85A–036, Revision 2, dated June 

23, 2010, and EASB No. MBB BK117 C– 

2–85A–024, Revision 1, dated June 23, 

2010, which specify a visual check of 

the boom for cracks, and removing or 

replacing the boom before the next flight 

if there is a crack. The EASBs also 

require compliance with the visual and 

dye penetrant inspection procedures 

specified in Goodrich Corporation 

Service Bulletin 44307–500–03, 

Revision 2, dated April 30, 2010. EASA 

classified these EASBs as mandatory, 

and issued EASA AD No. 2010–0154, 

dated August 13, 2010, to ensure the 

continued airworthiness of these 

helicopters. 

Proposed AD Requirements 

This proposed AD would require: 

• Before further flight, and thereafter 

before the first flight of each day until 

the dye penetrant inspection is 

performed, visually checking the boom 

for a crack. A pilot holding at least a 

private pilot certificate may perform this 

check and must record his or her 

compliance in the aircraft’s 

maintenance records in accordance with 

applicable regulations. A pilot may 

perform this check because it involves 

only looking at the boom and can be 

performed equally well by a pilot or a 

mechanic. This check is an exception to 

our standard maintenance regulations. 

• Within 30 days, performing a dye 

penetrant inspection of the boom for a 

crack. 

• If a crack exists in a boom, 

replacing the cracked boom with an 

airworthy boom. 

Differences Between This Proposed AD 

and the EASA AD 

The EASA AD requires you to notify 

and return parts to the manufacturer, 

and this proposed AD does not. The 

EASA AD also applies to the Eurocopter 

EC635 series military helicopters, while 

this proposed AD would not because 

those models are not type certificated in 

the United States. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 350 helicopters of U.S. 

Registry and a labor rate of $85 per 

work-hour. Based on these estimates, we 

expect the following costs: 

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Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules 22211 

• We estimate that the cost of the 

daily visual check would be minimal. 

• We estimate that removing the hoist 

and boom assembly, performing the dye 

penetrant inspection, and reinstalling 

the equipment would require 1.5 work 

hours. No parts would be needed, for a 

total cost of about $128 per helicopter 

and $44,800 for the U.S. fleet. 

• Replacing the hoist and boom 

assembly, if needed, would require 

about a 0.33 work-hour for a labor cost 

of about $28. Parts would cost $10,833 

for a total cost of $10,861 per helicopter. 

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, 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. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

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): 

Eurocopter Deutschland GmbH Helicopters: 

Docket No. FAA–2013–0340; Directorate 

Identifier 2010–SW–081–AD. 

(a) Applicability 

This AD applies to Eurocopter Deutschland 

GmbH (Eurocopter) Model EC135 P1, EC135 

P2, EC135 P2+, EC135 T1, EC135 T2 and 

EC135 T2+ helicopters with a Goodrich 

Corporation (Goodrich) external mounted 

hoist system (hoist) with boom support 

assembly (boom) Part Number (P/N) 44301– 

500, 44307–500, or 44307–500–1 installed, 

and Model MBB–BK 117 C–2 helicopters 

with a Goodrich hoist with boom P/N 44307– 

500 installed, certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

crack in the boom. This condition could 

result in loss of the boom and attached loads, 

and subsequent loss of helicopter control. 

(c) Reserved 

(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, and thereafter 

before the first flight of each day until you 

have performed the inspection required by 

paragraph (e)(2) of this AD, clean the hoist 

and visually check for a crack, paying 

particular attention to the areas that are 

circled as depicted in Figure 1 to paragraph 

(e) of this AD. The actions required by this 

paragraph may be performed by the owner/ 

operator (pilot) holding at least a private pilot 

certificate, and must be entered into the 

aircraft records showing compliance with 

this AD in accordance with 14 CFR 43.9 

(a)(1)–(4) and 14 CFR 91.417 (a)(2)(v). The 

record must be maintained as required by 14 

CFR 91.417, 121.380, or 135.439. 

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22212 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules 

(2) Within 30 days, perform a dye 

penetrant inspection of the boom in 

accordance with the Accomplishment 

Instructions, Section 2.D, of the Goodrich 

Service Bulletin 44307–500–03, Revision 2, 

dated April 30, 2010 (SB). 

Note to paragraph (e)(2): A copy of the SB 

is included with Eurocopter Emergency Alert 

Service Bulletin (EASB) No. EC135–85A– 

036, Revision 2, dated June 23, 2010, and 

EASB No. MBB BK117 C–2–85A–024, 

Revision 1, dated June 23, 2010. 

(3) If a crack exists in the boom, replace the 

cracked boom with an airworthy boom before 

further flight. 

(f) Special Flight Permit 

Special flight permits would be allowed 

provided the hoist is disabled during the 

ferry flight. 

(g) Alternative Methods of Compliance 

(AMOCs) 

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. 

(h) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2010–0154, dated August 13, 2010, 

which supersedes EASA AD No. 2009–0093– 

E, dated April 17, 2009. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 5345, Fuselage, Equipment Attach 

Fittings. 

Issued in Fort Worth, Texas, on April 8, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–08760 Filed 4–12–13; 8:45 am] 

BILLING CODE 4910–13–P 


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