This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

3481 

Vol. 79, No. 14 

Wednesday, January 22, 2014 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–1003; Directorate 

Identifier 2013–NE–33–AD; Amendment 39– 

17724; AD 2014–01–01] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Turbomeca S.A. Arrius 2F turboshaft 

engines. This AD requires a one-time 

inspection of the ejector assembly 

nozzle of an affected lubricating device 

and, if a discrepancy is found, removal 

and replacement with a part eligible for 

installation. This AD was prompted by 

an in-flight shutdown (IFSD) of an 

Arriel 1 engine. We are issuing this AD 

to prevent failure of the ejector assembly 

nozzle, which could lead to an IFSD of 

the engine, damage to the engine, and 

damage to the helicopter. 

DATES: This AD becomes effective 

February 6, 2014. 

We must receive comments on this 

AD by March 10, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of February 6, 2014. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: 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 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 01803. 

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–2013– 

1003; 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 mandatory 

continuing airworthiness information 

(MCAI), the regulatory evaluation, any 

comments received, and other 

information. The street address for the 

Docket Operations office (phone: 800– 

647–5527) is the same as the Mail 

address provided in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Frederick Zink, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7779; fax: 781–238– 

7199; email: frederick.zink@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2013–0243, 

dated October 1, 2013 (referred to herein 

after as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

An in-flight shutdown (IFSD) occurred on 

an ARRIEL 1 engine, as a result of incorrect 

bonding of the nozzle on the ejector assembly 

fitted to the engine. The subsequent technical 

investigation concluded that ARRIUS 2F 

engines are also potentially affected and it 

was possible to identify a batch of parts that 

could have this non-conformity. 

This condition, if not detected and 

corrected, could lead to further cases of IFSD, 

possibly resulting in forced landing. 

Failure to address this condition may 

lead to an emergency landing and 

subsequent damage to the helicopter. 

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 it in Docket No. FAA– 

2013–1003. 

Relevant Service Information 

Turbomeca S.A. has issued MSB No. 

319 79 4835, Version A, dated May 22, 

2013. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of This 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 

AD 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 

proposed AD would require a one-time 

inspection of the nozzle of the ejector 

assembly of all Turbomeca S.A. Arrius 

2F turboshaft engines and, if a 

discrepancy is found, removal of the 

ejector assembly or the affected 

lubricating device and its replacement 

with a part eligible for installation. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because of the short compliance 

time requirement. Therefore, we find 

that notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 


pmangrum on DSK3VPTVN1PROD with RULES
3482 Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2013–1003; 

Directorate Identifier 2013–NE–33–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of 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 AD. Using the 

search function of the Web site, anyone 

can find and read the comments in any 

of our dockets, including, if provided, 

the name of the individual who sent the 

comment (or signed the comment on 

behalf of an association, business, labor 

union, etc.). You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Costs of Compliance 

We estimate that this AD will affect 

about 27 engines installed on aircraft of 

U.S. registry. We also estimate that it 

will take about 1 hour per engine to 

comply with this AD. The average labor 

rate is $85 per hour. Required parts cost 

about $526 per engine. Based on these 

figures, we estimate the cost of this AD 

on U.S. operators to be $16,497. 

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), 

(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 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. 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2014–01–01 Turbomeca S.A.: Amendment 

39–17724; Docket No. FAA–2013–1003; 

Directorate Identifier 2013–NE–33–AD. 

(a) Effective Date 

This AD is effective February 6, 2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Turbomeca S.A. 

Arrius 2F turboshaft engines. 

(d) Reason 

This AD was prompted by an in-flight 

shutdown (IFSD) of an Arriel 1 engine as a 

result of incorrect bonding of the nozzle on 

the ejector assembly fitted to the engine. We 

are issuing this AD to prevent failure of the 

ejector assembly nozzle, which could lead to 

an IFSD of the engine, damage to the engine, 

and damage to the helicopter. 

(e) Actions and Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(1) For engines equipped with a lubricating 

device having a serial number (S/N) listed in 

Figure 1 to paragraph (e) of this AD, within 

30 days after the effective date of this AD, 

inspect the nozzle of the ejector assembly 

and the tightening torque. Use paragraph 

6.B.(2)(b)2 through 6.B.(2)(c)4.2, excluding 

paragraph 6.B.(2)(b)4, of Turbomeca 

Mandatory Service Bulletin (MSB) No. 319 

79 4835, Version A, dated May 22, 2013, to 

do your inspection. 

(2) For any part that fails the inspection 

required by paragraph (e)(1) of this AD, 

before further flight, remove and replace the 

failed part with a part eligible for installation. 

FIGURE 1 TO PARAGRAPH (e)—S/N’S

OF AFFECTED LUBRICATING DEVICES

S/N’s 

105M ..................... 108M ........ 109M 

112B ..................... 120 ........... 122B 

129M ..................... 134B ........ 138B 

141M ..................... 142B ........ 147M 

149B ..................... 210M ........ 231 

247 ........................ 254 ........... 266M 

270 ........................ 292M ........ 333M 

443M ..................... 445M ........ 467M 

479M ..................... 526M ........ 563M 

(f) Installation Prohibition 

After the effective date of this AD, do not 

install onto any engine a nozzle ejector 

assembly subject to this AD, or install any 

engine onto any helicopter if the engine has 

an ejector assembly containing a lubricating 

device with an S/N listed in Figure 1 to 

paragraph (e) of this AD, unless the engine 

has been inspected per the requirements of 

paragraph (e) of this AD. 

(g) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

FAA, may approve AMOCs to this AD. Use 

the procedures found in 14 CFR 39.19 to 

make your request. 

(h) Related Information 

(1) For more information about this AD, 

contact Frederick Zink, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7779; fax: 781–238–7199; 

email: frederick.zink@faa.gov. 

(2) Refer to MCAI European Aviation 

Safety Agency AD 2013–0243, dated October 

1, 2013. You may examine the MCAI in the 

AD docket on the Internet at http://


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations 3483 

www.regulations.gov by searching for and 

locating it in Docket No. FAA–2013–1003. 

(3) Turbomeca S.A. Arrius 2F Technical 

Instruction No. 319 79 4831, Revision No. 01, 

dated May 30, 2011, which is not 

incorporated by reference in this AD, 

pertains to the subject of this AD and can be 

obtained from Turbomeca S.A. using the 

contact information in paragraph (i)(3) of this 

AD. 

(i) 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 this AD specifies otherwise. 

(i) Turbomeca S.A. Mandatory Service 

Bulletin No. 319 79 4835, Version A, dated 

May 22, 2013. 

(ii) Reserved. 

(3) For Turbomeca 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. 

(4) You may view this service information 

at 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. 

(5) You may view this service information 

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 Burlington, Massachusetts, on 

January 2, 2014. 

Colleen M. D’Alessandro, 

Assistant Directorate Manager, Engine & 

Propeller Directorate, Aircraft Certification 

Service. 

[FR Doc. 2014–01090 Filed 1–21–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 292 

Regulations Under Sections 201 and 

210 of the Public Utility Regulatory 

Policies Act of 1978 With Regard to 

Small Power Production and 

Cogeneration 

CFR Correction 

■ In Title 18 of the Code of Federal 

Regulations, Parts 1 to 399, revised as of 

April 1, 2013, on page 862, in § 292.303, 

in paragraph (c)(1), the word ‘‘costs’’ is 

removed from the first sentence and 

added to the last sentence after 

‘‘interconnection’’. 

[FR Doc. 2014–01293 Filed 1–21–14; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 57 and 602 

[TD 9643] 

RIN 1545–BL20 

Health Insurance Providers Fee 

Correction 

In rule document 2013–28412 

appearing on pages 71476–71493 in the 

issue of November 29, 2013, make the 

following correction: 

On page 71481, in the second column, 

in the first full paragraph, in the last 

line ‘‘§ 1.414(c)–(5)’’ should read 

‘‘§ 1.414(c)–5)’’. 

[FR Doc. C1–2013–28412 Filed 1–21–14; 8:45 am] 

BILLING CODE 1505–01–D 

NATIONAL LABOR RELATIONS 

BOARD 

29 CFR Parts 101 and 102 

RIN 3142–AA08 

Representation—Case Procedures 

AGENCY: National Labor Relations 

Board. 

ACTION: Final rule. 

SUMMARY: This final rule rescinds the 

amendments to the National Labor 

Relations Board’s (the Board’s) 

representation case procedures adopted 

by the Board’s final rule of December 

22, 2011, consistent with the district 

court’s decision in Chamber of 

Commerce of the U.S. v. NLRB setting 

aside that rule. On December 9, 2013, 

the Court of Appeals for the District of 

Columbia Circuit dismissed the Board’s 

appeal of the district court’s decision, 

pursuant to the parties’ stipulation. Now 

that the district court’s decision is no 

longer subject to appellate review, this 

final rule restores the relevant language 

in the CFR to that which existed before 

the Board issued the December 22, 2011 

final rule. 

DATES: Effective Date: January 22, 2014. 

FOR FURTHER INFORMATION CONTACT: Gary 

Shinners, Executive Secretary, National 

Labor Relations Board, 1099 14th Street, 

NW., Washington, DC 20570, (202) 273– 

3737 (this is not a toll-free number), 1– 

866–315–6572 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

On December 22, 2011, the National 

Labor Relations Board (Board or NLRB) 

published a final rule amending its 

regulations governing representation 

case procedures. 76 FR 80138. The final 

rule was immediately challenged in 

Federal district court. See Chamber of 

Commerce of the U.S. v. NLRB, 879 F. 

Supp. 2d 18, 21, 24 (D.D.C. 2012). On 

May 14, 2012, the court struck down the 

rule on only one ground: that the Board 

lacked a quorum when it issued the 

final rule because Member Hayes (one of 

the Board’s three Members at the time 

of the rule’s publication) was ‘‘absent’’ 

from the vote—rather than ‘‘abstaining’’ 

from the vote, as the Board asserted. Id. 

at 28–30. On July 27, 2012, the court 

denied the Board’s motion for 

reconsideration of its opinion. Id. at 30– 

35. 

The Board appealed to the D.C. 

Circuit. On December 9, 2013, the D.C. 

Circuit dismissed the Board’s appeal of 

the district court’s decision pursuant to 

a joint stipulation of the parties. As 

there is no longer a possibility that the 

district court’s opinion will be 

overturned on appeal, there is no basis 

for the language in the CFR to continue 

to reflect the amendments made by the 

Board’s December 22, 2011 final rule. 

II. Changes to the CFR 

Pursuant to the Board’s December 22, 

2011 final rule, the CFR was changed in 

the following ways. In part 101, subpart 

C, consisting of §§ 101.17 through 

101.21, was removed and reserved. In 

part 101, subpart D, §§ 101.23 and 

101.25 were amended. In part 101, 

subpart E, §§ 101.28, 101.29 and 101.30 

were amended. In part 102, subpart C, 

§§ 102.62, 102.63, 102.64, 102.65, 

102.66, 102.67 and 102.69 were 

amended. In part 102, subpart D, 

§ 102.77 was amended. In part 102, 

subpart E, §§ 102.85 and 102.86 were 

amended. 

To implement the district court’s 

decision, this rule makes some changes 

to the regulatory text. Specifically, the 

changes detailed in this rule restore the 

language of each of those subparts to 

that which existed prior to the 

December 22, 2011 amendments, with 

the exception of certain non-substantive 

changes required for publication by the 

Office of the Federal Register, such as 

spelling corrections and formatting 

changes. 

The Board finds that notice and 

comment are unnecessary for these 

changes because they implement the 

final decision of the District Court of the 

District of Columbia, which set aside the 


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