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Notice of Proposed Rulemaking (NPRM) 43162 Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Proposed Rules PART 39—AIRWORTHINESS AD. Send your proposal to: Matt Fuller, address: Federal Trade Commission, DIRECTIVES Senior Aviation Safety Engineer, Safety Office of the Secretary, 600 Management Section, Rotorcraft Standards Pennsylvania Avenue NW, Suite CC– ■ 1. The authority citation for part 39 Branch, FAA, 10101 Hillwood Pkwy., Fort 5610 (Annex C), Washington, DC 20580, continues to read as follows: Worth, TX 76177; telephone 817–222–5110; email [email protected]. or deliver your comment to the Authority: 49 U.S.C. 106(g), 40113, 44701. (2) For operations conducted under a 14 following address: Federal Trade CFR part 119 operating certificate or under Commission, Office of the Secretary, § 39.13 [Amended] 14 CFR part 91, subpart K, the FAA suggests Constitution Center, 400 7th Street SW, ■ 2. The FAA amends § 39.13 by adding that you notify your principal inspector, or 5th Floor, Suite 5610 (Annex C), the following new airworthiness lacking a principal inspector, the manager of Washington, DC 20024. directive (AD): the local flight standards district office or FOR FURTHER INFORMATION CONTACT: certificate holding district office before Julia Airbus Helicopters: Docket No. FAA– Solomon Ensor (202–326–2377) or 2020–0652; Product Identifier 2019–SW– operating any aircraft complying with this AD through an AMOC. Hampton Newsome (202–326–2889), 066–AD. Attorneys, Division of Enforcement, (a) Applicability (g) Additional Information Bureau of Consumer Protection, Federal This AD applies to Airbus Helicopters The subject of this AD is addressed in Trade Commission, Room CC–9528, 600 Model AS332C, AS332C1, AS332L, and European Union Aviation Safety Agency Pennsylvania Avenue NW, Washington, AS332L1 helicopters, certificated in any (previously European Aviation Safety DC 20580. category, with a main rotor (M/R) hub Agency) (EASA) No. 2019–0172, dated July assembly (hub) part number (P/N) 332A31– 18, 2019. You may view the EASA AD on the SUPPLEMENTARY INFORMATION: internet at https://www.regulations.gov in the 0001–00, 332A31–0001–01, 332A31–0001– I. Background 02, 332A31–0001–03, 332A31–0001–04, AD Docket. 1 332A31–0001–05, or 332A31–0001–06 (h) Subject Since at least 1940, the Commission installed. has pursued enforcement actions to Joint Aircraft Service Component (JASC) (b) Unsafe Condition Code: 6230, Main Rotor Mast/Swashplate. prevent unfair and deceptive ‘‘Made in USA’’ and other U.S.-origin claims This AD defines the unsafe condition as Issued on July 10, 2020. incorrect assembly of the M/R hub. This (‘‘MUSA claims’’). Currently, the condition could result in failure of the M/R Lance T. Gant, Commission’s comprehensive MUSA hub components and subsequent loss of Director, Compliance & Airworthiness program consists of compliance control of the helicopter. Division, Aircraft Certification Service. monitoring, counseling, and targeted (c) Comments Due Date [FR Doc. 2020–15329 Filed 7–15–20; 8:45 am] enforcement pursuant to the FTC’s BILLING CODE 4910–13–P general authority under Section 5 of the The FAA must receive comments by 2 August 31, 2020. FTC Act, 15 U.S.C. 45. However, Congress has also granted the FTC (d) Compliance authority to address MUSA labeling, FEDERAL TRADE COMMISSION You are responsible for performing each including rulemaking authority, under a action required by this AD within the 16 CFR Part 323 separate statute, 15 U.S.C. 45a.3 To date, specified compliance time unless it has the Commission has not exercised its already been accomplished prior to that time. [3084–AB64] rulemaking authority under that (e) Required Actions provision. Made in USA Labeling Rule (1) Within 55 hours time-in-service, Recently, the FTC held a public remove at least one M/R revolutions per AGENCY: Federal Trade Commission. workshop and collected public minute (‘‘NR’’) sensor and borescope inspect comments in support of a review of its the phonic wheel lock washer (lock washer) ACTION: Notice of proposed rulemaking. for correct height of the lock washer (if the 1 installation is correct, you can see the edge SUMMARY: The Federal Trade See, e.g., Vulcan Lamp Works, Inc., 32 F.T.C. 7 (1940). of the splines) through the hole of the Commission (‘‘FTC’’ or ‘‘Commission’’) seeks comment on this Notice of 2 Section 5 prohibits unfair or deceptive acts or removed ‘‘NR’’ sensor(s) as shown in Figure practices in or affecting commerce. An act or 1 to Airbus Helicopters Alert Service Bulletin Proposed Rulemaking (‘‘NPRM’’) related practice is deceptive if it is likely to mislead No. AS332–62.00.76, Revision 0, dated May to ‘‘Made in USA’’ and other consumers acting reasonably under the 27, 2019. unqualified U.S.-origin claims on circumstances and is material—that is, likely to (i) If the height of the lock washer is product labels. affect a consumer’s decision to purchase or use the correct, before further flight, install the ‘‘NR’’ advertised product or service. A claim need not sensor(s). DATES: Comments must be received by mislead all—or even most—consumers to be (ii) If the height of the lock washer is not September 14, 2020. deceptive under the FTC Act. Rather, it need only correct, before further flight, install the ‘‘NR’’ be likely to deceive some consumers acting ADDRESSES: Interested parties may file a reasonably. See FTC Policy Statement on Deception, sensor(s) and repair or replace the M/R hub comment online or on paper by 103 F.T.C. 174 (1984) (appended to Cliffdale in accordance with FAA-approved following the instructions in the Assocs., Inc., 103 F.T.C. 110, 177 n.20 (1984) (‘‘A procedures. Request for Comments part of the material practice that misleads a significant (2) As of the effective date of this AD, do minority of reasonable consumers is deceptive.’’); not install M/R hub P/N 332A31–0001–00, SUPPLEMENTARY INFORMATION section see also FTC v. Stefanchik, 559 F.3d 924, 929 (9th 332A31–0001–01, 332A31–0001–02, below. Write ‘‘MUSA Rulemaking, Cir. 2009) (‘‘The FTC was not required to show that 332A31–0001–03, 332A31–0001–04, Matter No. P074204’’ on your comment, all consumers were deceived . .’’). 332A31–0001–05, or 332A31–0001–06 on and file your comment online through 3 See Section 320933 of the Violent Crime and any helicopter unless the actions of https://www.regulations.gov by Law Enforcement Act of 1994, Public Law 103–322, paragraph (e)(1) of this AD have been 108 Stat. 1796, codified in relevant part at 15 U.S.C. following the instructions on the web- 45a. Under the statute, the Commission may issue accomplished. based form. If you prefer to file your a rule pursuant to 5 U.S.C. 553. Section 45a also (f) Alternative Methods of Compliance comment on paper, write ‘‘MUSA states that: ‘‘This section shall be effective upon (AMOCs) publication in the Federal Register of a Notice of Rulemaking, Matter No. P074204’’ on the provisions of this section.’’ The Commission (1) The Manager, Rotorcraft Standards your comment and on the envelope and published such a notice in 1995 (60 FR 13158 (Mar. Branch, FAA, may approve AMOCs for this mail your comment to the following 10, 1995)). VerDate Sep<11>2014 17:19 Jul 15, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\16JYP1.SGM 16JYP1 Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Proposed Rules 43163 MUSA program.4 Workshop Specifically, during that time the relating to country-of-origin labels, participants and commenters discussed Commission issued 24 administrative except to the extent that a state country- a variety of issues, including consumer Decisions and Orders, and entered into of-origin statute, regulation, order, or perception of MUSA claims, concerns four federal court settlements 9 interpretation is inconsistent with the about the FTC’s current enforcement enforcing the ‘‘all or virtually all’’ NPRM. The Commission invites approach, and potential changes to the standard.10 Therefore, to deter deceptive comment on whether the NPRM FTC’s MUSA program, including claims, enhance the Commission’s conflicts with any state country-of- through rulemaking. During that ability to obtain appropriate relief for origin labeling requirements. proceeding, stakeholders expressed consumers, and provide additional III. Request for Comment nearly universal support for the certainty to marketers on the Commission to exercise authority Commission’s enforcement approach, The Commission seeks comments on pursuant to 15 U.S.C. 45a to issue a rule the Commission now proposes a MUSA any aspect of the NPRM. You can file a addressing MUSA claims. Commenters Labeling Rule incorporating this comment online or on paper. For the argued such a rule could have a strong established standard pursuant to its Commission to consider your comment, deterrent effect against unlawful MUSA rulemaking authority under 15 U.S.C. we must receive it on or before claims without imposing new burdens 45a. September 14, 2020. Write ‘‘MUSA on law-abiding companies.5 Rulemaking, Matter No. P074204’’ on For 80 years, the Commission has II. Proposed Rule your comment. Your comment— pursued enforcement actions that have Section 45a grants the Commission including your name and your state— established the principle that authority to issue rules to prevent unfair will be placed on the public record of unqualified MUSA claims imply no or deceptive acts or practices relating to this proceeding, including, to the extent more than a de minimis amount of the MUSA labeling.11 Specifically, the practicable, on the https:// product is of foreign origin.6 In 1997, Commission ‘‘may from time to time www.regulations.gov website. following consumer research and public issue rules pursuant to section 553 of Due to the public health emergency in comments, the Commission published title 5, United States Code’’ requiring response to the COVID–19 outbreak and its Enforcement Policy Statement on MUSA labeling to ‘‘be consistent with the agency’s heightened security U.S.
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