42752 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Proposed Rules 

the best position to help CBP identify 

rules that are obsolete, unnecessary, 

unjustified, or simply no longer make 

sense, or rules that could be better 

modernized to accomplish their 

objectives. 

Consistent with CBP’s commitment to 

public participation in the rulemaking 

process, CBP is soliciting views from the 

public on specific regulations or 

paperwork requirements that could be 

altered or eliminated to reduce burdens 

while still allowing CBP to meet its 

mission. 

While CBP promulgates rules in 

accordance with the law and to the best 

of its analytic capability, it is difficult to 

be certain of the consequences of a rule, 

including its costs and benefits, until it 

has been tested. Because knowledge 

about the full effects of a rule is widely 

dispersed in society, members of the 

public are likely to have useful 

information and perspectives on the 

benefits and burdens of existing 

requirements and how regulatory 

obligations may be updated, 

streamlined, revised, or repealed to 

better achieve regulatory objectives, 

while minimizing regulatory burdens, 

consistent with applicable law. 

Accordingly, CBP is asking you to 

consider the following questions when 

providing your input: 

(1) Are there CBP rules or reporting 

requirements that have become outdated 

and, if so, how can they be modernized 

to better accomplish their objective? 

(2) Are there CBP rules that are still 

necessary, but have not operated as well 

as expected such that a modified, or 

slightly different approach at lower cost 

is justified? 

(3) Are there CBP rules that 

unnecessarily obstruct, delay, curtail, or 

otherwise impose significant costs on 

the secure flow of legitimate trade and 

travel to and from the United States? 

(4) Does CBP currently collect 

information that it does not need or use 

effectively? 

(5) Are there regulations, reporting 

requirements, or regulatory processes 

that are unnecessarily complicated or 

could be streamlined to achieve 

statutory obligations in more efficient 

ways? 

(6) Are there rules or reporting 

requirements that have been overtaken 

by technological developments? Can 

new technologies be leveraged to 

modify, streamline, or do away with 

existing regulatory or reporting 

requirements? 

To allow CBP to more effectively 

evaluate suggestions, CBP requests that 

commenters identify with specificity the 

regulation (in either Title 19 CFR 

Chapter I, or Title 8 CFR, Chapter I) or 

reporting requirement at issue, and 

provide the legal citation where 

available. Please note that certain 

regulations which reflect statutory 

requirements cannot be eliminated until 

the statute is amended or repealed to 

eliminate that requirement. CBP also 

requests that the submitter provide, in 

as much detail as possible, an 

explanation why a regulation or 

reporting requirement should be 

modified, streamlined, or repealed, as 

well as specific suggestions of ways CBP 

can do so while achieving its regulatory 

objectives. In addition, supporting data 

or other information, such as cost 

information, for any suggestions would 

be useful. 

Comments from the public are crucial 

to understanding regulatory burden and 

helping CBP find solutions that are cost 

effective, facilitate legitimate trade and 

travel, and enhance homeland security. 

While CBP intends to fully consider all 

input received in response to this 

notice, CBP will not respond 

individually to comments and none of 

the comments submitted will bind CBP 

to take any further action. 

Dated: September 6, 2017. 

Mark Koumans, 

Deputy Executive Assistant Commissioner, 

Operations Support, U.S. Customs and Border 

Protection. 

[FR Doc. 2017–19167 Filed 9–11–17; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FA–2017–0668; Product 

Identifier 2017–NE–17–AD] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

General Electric Company (GE) CF6– 

80A, –80A1, –80A2, and –80A3 

turbofan engines. This proposed AD was 

prompted by high cycle fatigue (HCF) 

cracking of the low-pressure turbine 

(LPT) stage 3 nozzles. This proposed AD 

would require replacement of the LPT 

stage 3 nozzles. We are proposing this 

AD to address the unsafe condition on 

these products. 

DATES: We must receive comments on 

this proposed AD by October 27, 2017. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact General Electric 

Company, GE-Aviation, Room 285, 1 

Neumann Way, Cincinnati, OH 45215, 

phone: 513–552–3272; fax: 513–552– 

3329; email: geae.aoc@ge.com. You may 

view this service information at the 

FAA, Engine and Propeller Standards 

Branch, Policy and Innovation Division, 

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–2017– 

0668; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this NPRM, the regulatory 

evaluation, any comments received, and 

other information. The street 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: 

Herman Mak, Aerospace Engineer, FAA, 

ECO Branch, Compliance and 

Airworthiness Division, 1200 District 

Avenue, Burlington, MA 01803; phone: 

781–238–7147; fax: 781–238–7199; 

email: herman.mak@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2017–0668; Product Identifier 2017– 

NE–17–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 


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Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Proposed Rules 42753 

economic, environmental, and energy 

aspects of this NPRM. We will consider 

all comments received by the closing 

date and may amend this NPRM 

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 we receive 

about this NPRM. 

Discussion 

We received a report of an LPT 

uncontainment on a CF6–80A2. 

Investigation determined the 

uncontainment was the result of HCF 

cracking of the LPT stage 3 nozzles. This 

condition, if not corrected, could result 

in failure of the LPT stage 3 nozzle, 

damage to the engine, and damage to the 

airplane. 

Related Service Information 

We reviewed GE CF6–80A Service 

Bulletin (SB) 72–0749, Revision 2, dated 

August 31, 2016. The SB describes 

procedures for replacement of the LPT 

stage 3 nozzles. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

replacement of the LPT stage 3 nozzles. 

Costs of Compliance 

We estimate that this proposed AD 

affects 7 engines installed on airplanes 

of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Replacement of LPT stage 3 nozzles ............ 0 work-hours × $85 per hour = $0 ................. $368,260 $368,260 $2,577,820 

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. 

This AD is issued in accordance with 

authority delegated by the Executive 

Director, Aircraft Certification Service, 

as authorized by FAA Order 8000.51C. 

In accordance with that order, issuance 

of ADs is normally a function of the 

Compliance and Airworthiness 

Division, but during this transition 

period, the Executive Director has 

delegated the authority to issue ADs 

applicable to engines, propellers, and 

associated appliances to the Manager, 

Engine and Propeller Standards Branch, 

Policy and Innovation Division. 

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, 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): 

General Electric Company: Docket No. FAA– 

2017–0668; Product Identifier 2017–NE– 

17–AD. 

(a) Comments Due Date 

We must receive comments by October 27, 

2017. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to General Electric (GE) 

CF6–80A, –80A1, –80A2, and –80A3 

turbofan engines with low-pressure turbine 

(LPT) stage 3 nozzles, part number (P/N) 

9290M52P05 and 9290M52P06, installed. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 7250, Turbine Section. 

(e) Unsafe Condition 

This AD was prompted by high cycle 

fatigue (HCF) cracking of the LPT stage 3 

nozzles resulting in LPT uncontainment. We 

are issuing this AD to prevent cracking of the 

LPT stage 3 nozzles. The unsafe condition, if 

not corrected, could result LPT 

uncontainment, damage to the engine, and 

damage to the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Within 36 months after the effective date 

of this AD, replace LPT stage 3 nozzles, 

P/N 9290M52P05 and 9290M52P06, with a 

part eligible for installation. 


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42754 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Proposed Rules 

1Though DEA has used the term ‘‘final order’’ 

with respect to temporary scheduling orders in the 

past, this notice of intent adheres to the statutory 

language of 21 U.S.C. 811(h), which refers to a 

‘‘temporary scheduling order.’’ No substantive 

change is intended. 

2As discussed in a memorandum of 

understanding entered into by the Food and Drug 

Administration (FDA) and the National Institute on 

Drug Abuse (NIDA), the FDA acts as the lead agency 

within the HHS in carrying out the Secretary’s 

scheduling responsibilities under the CSA, with the 

concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. 

The Secretary of the HHS has delegated to the 

Assistant Secretary for Health of the HHS the 

authority to make domestic drug scheduling 

recommendations. 58 FR 35460, July 1, 1993. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, FAA, ECO Branch, 

Compliance and Airworthiness Division, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ECO Branch, send it to 

the attention of the person identified in 

paragraph (i)(1) of this AD. You may email 

your request to: ANE-AD-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(i) Related Information 

(1) For more information about this AD, 

contact Herman Mak, Aerospace Engineer, 

FAA, ECO Branch, Compliance and 

Airworthiness Division, 1200 District 

Avenue, Burlington, MA 01803; phone: 781– 

238–7147; fax: 781–238–7199; email: 

herman.mak@faa.gov. 

(2) GE CF6–80A Service Bulletin 72–0749, 

Revision 2, dated August 31, 2016; can be 

obtained from GE using the contact 

information in paragraph (i)(3) of this AD. 

(3) For service information identified in 

this proposed AD, contact General Electric 

Company, GE-Aviation, Room 285, 1 

Neumann Way, Cincinnati, OH 45215, 

phone: 513–552–3272; fax: 513–552–3329; 

email: geae.aoc@ge.com. 

(4) You may view this service information 

at the FAA, Engine and Propeller Standards 

Branch, Policy and Innovation Division, 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 

September 6, 2017. 

Robert J. Ganley, 

Manager, Engine and Propeller Standards 

Branch, Aircraft Certification Service. 

[FR Doc. 2017–19250 Filed 9–11–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–473] 

Schedules of Controlled Substances: 

Temporary Placement of OrthoFluorofentanyl, Tetrahydrofuranyl 

Fentanyl, and Methoxyacetyl Fentanyl 

Into Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Proposed amendment; notice of 

intent. 

SUMMARY: The Administrator of the Drug 

Enforcement Administration is issuing 

this notice of intent to publish a 

temporary order to schedule the 

synthetic opioids, N-(2-fluorophenyl)-N- 

(1-phenethylpiperidin-4- 

yl)propionamide (ortho-fluorofentanyl 

or 2-fluorofentanyl), N-(1- 

phenethylpiperidin-4-yl)-Nphenyltetrahydrofuran-2-carboxamide 

(tetrahydrofuranyl fentanyl), and 2- 

methoxy-N-(1-phenethylpiperidin-4-yl)- 

N-phenylacetamide (methoxyacetyl 

fentanyl), into Schedule I. This action is 

based on a finding by the Administrator 

that the placement of these synthetic 

opioids into Schedule I of the 

Controlled Substances Act is necessary 

to avoid an imminent hazard to the 

public safety. When it is issued, the 

temporary scheduling order will impose 

the administrative, civil, and criminal 

sanctions and regulatory controls 

applicable to Schedule I controlled 

substances under the Controlled 

Substances Act on the manufacture, 

distribution, reverse distribution, 

possession, importation, exportation, 

research, and conduct of instructional 

activities, and chemical analysis of 

these synthetic opioids. 

DATES: September 12, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Lewis, Diversion Control 

Division, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (202) 598–6812. 

SUPPLEMENTARY INFORMATION: This 

notice of intent contained in this 

document is issued pursuant to the 

temporary scheduling provisions of 21 

U.S.C. 811(h). The Drug Enforcement 

Administration (DEA) intends to issue a 

temporary scheduling order (in the form 

of a temporary amendment) to add 

ortho-fluorofentanyl, tetrahydrofuranyl 

fentanyl, and methoxyacetyl fentanyl to 

Schedule I under the Controlled 

Substances Act.1 The temporary 

scheduling order will be published in 

the Federal Register, but will not be 

issued before October 12, 2017. 

Legal Authority 

Section 201 of the Controlled 

Substances Act (CSA), 21 U.S.C. 811, 

provides the Attorney General with the 

authority to temporarily place a 

substance into Schedule I of the CSA for 

two years without regard to the 

requirements of 21 U.S.C. 811(b) if he 

finds that such action is necessary to 

avoid imminent hazard to the public 

safety. 21 U.S.C. 811(h)(1). In addition, 

if proceedings to control a substance are 

initiated under 21 U.S.C. 811(a)(1), the 

Attorney General may extend the 

temporary scheduling for up to one 

year. 21 U.S.C. 811(h)(2). 

Where the necessary findings are 

made, a substance may be temporarily 

scheduled if it is not listed in any other 

schedule under section 202 of the CSA, 

21 U.S.C. 812, or if there is no 

exemption or approval in effect for the 

substance under section 505 of the 

Federal Food, Drug, and Cosmetic Act 

(FDCA), 21 U.S.C. 355. 21 U.S.C. 

811(h)(1); 21 CFR part 1308. The 

Attorney General has delegated 

scheduling authority under 21 U.S.C. 

811 to the Administrator of the DEA. 28 

CFR 0.100. 

Background 

Section 201(h)(4) of the CSA, 21 

U.S.C. 811(h)(4), requires the 

Administrator to notify the Secretary of 

the Department of Health and Human 

Services (HHS) of his intention to 

temporarily place a substance into 

Schedule I of the CSA.2 The 

Administrator transmitted notice of his 

intent to place ortho-fluorofentanyl, 

tetrahydrofuranyl fentanyl, and 

methoxyacetyl fentanyl in Schedule I on 

a temporary basis to the Assistant 

Secretary for Health of HHS by letter. 

Notice for these actions was transmitted 

on the following dates: May 19, 2017 

(ortho-fluorofentanyl) and July 5, 2017 

(tetrahydrofuranyl fentanyl and 

methoxyacetyl fentanyl). The Assistant 

Secretary responded by letter dated June 

9, 2017 (ortho-fluorofentanyl) and July 

14, 2017 (tetrahydrofuranyl fentanyl and 

methoxyacetyl fentanyl), and advised 

that based on a review by the Food and 

Drug Administration (FDA), there are 

currently no investigational new drug 

applications or approved new drug 

applications for ortho-fluorofentanyl, 

tetrahydrofuranyl fentanyl, or 

methoxyacetyl fentanyl. The Assistant 

Secretary also stated that the HHS has 

no objection to the temporary placement 

of ortho-fluorofentanyl, 

tetrahydrofuranyl fentanyl, and 

methoxyacetyl fentanyl into Schedule I 

of the CSA. ortho-Fluorofentanyl, 

tetrahydrofuranyl fentanyl, and 

methoxyacetyl fentanyl are not 


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