[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Rules and Regulations]
[Pages 33703-33705]
[FR Doc No: 2013-13283]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0268]
RIN 1625-AA00

Safety Zone; Great Western Tube Float; Colorado River; Parker, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Colorado River in Parker, Arizona for the Great
Western Tube Float on June 8, 2013. This temporary safety zone is
necessary to provide for the safety of the participants, crew,
spectators, participating vessels, and other vessels and users of the
waterway. Persons and vessels are prohibited from entering into,
transiting through or anchoring within this safety zone unless
authorized by the Captain of the Port or his designated representative.

DATES: This rule is effective from 8:30 a.m. to 3 p.m. on June 8, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0268]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant John Bannon, Waterways Management, U.S. Coast
Guard Sector San Diego; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would have been
impracticable. The permit application was not received with enough time
available to publish an NPRM. The event is scheduled to take place, and
as such, immediate action is necessary to ensure the safety of vessels,
spectators, participants, and others in the vicinity of the marine
event on the dates and times this rule will be in effect.
    Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. Delaying
the effective date would be impracticable and contrary to the public
interest, since immediate action is needed to ensure public safety.

B. Basis and Purpose

    The legal basis for this temporary rule is the Ports and Waterways
Safety Act, which authorizes the Coast Guard to establish safety zones
(33 U.S.C. sections 1221 et seq.). The Parker Area Chamber of Commerce
is sponsoring the Great Western Tube Float, which is held on the
navigable waters of the Colorado River in Parker, AZ. This temporary
safety zone is necessary to provide for the safety of the participants,
crew, spectators, sponsor vessels, and other vessels and users of the
waterway. This event involves people floating down the river on
inflatable rafts, inner tubes and floating platforms. The size of
vessels used will vary in length. Approximately 5,000 people are
expected to participate in this event. The sponsor will provide 16
patrol and rescue boats to help facilitate the event and ensure public
safety.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone that will be enforced
from 8:30 a.m. to 3 p.m. on June 8, 2013. The limits of the safety zone
will include all navigable waters of the Colorado River from La Paz
County Park to the Blue Water Resort & Casino. The safety zone is
necessary to provide for the safety of participants, crew, rescue
personnel, and other users of the waterway. Persons and vessels will be
prohibited from entering into, transiting through, or anchoring within
the safety zone unless authorized by the Captain of the Port, or his
designated representative.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the size and location of the safety zone. The safety zone will
encompass the entire width of the river from La Paz County Park to the
Blue Water Resort & Casino. However, vessels may transit through the
safety zone if they request and receive permission from the Captain of
the Port or his designated representative.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions

with populations of less than 50,000. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities. This rule will affect
the following entities, some of which might be small entities: The
owners or operators of vessels intending to transit or anchor in the
impacted portion of the Colorado River between 8:30 a.m. and 3 p.m. on
June 8, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone would apply to the entire width of the river,
traffic would be allowed to pass through the zone with the permission
of the Coast Guard patrol commander. Before the effective period, the
Coast Guard will publish a Local Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a temporary safety zone.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T11-562 to read as follows:

Sec.  165.T11-562  Safety zone; Great Western Tube Float; Parker, AZ.

    (a) Location. This temporary safety zone includes the waters of the
Colorado River between La Paz County Park to the Blue Water Resort &
Casino and the width of the river in Parker, AZ.
    (b) Enforcement Period. This section will be enforced from 8:30
a.m. to 3 p.m.

on June 8, 2013. Before the effective period, the Coast Guard will
publish a Local Notice to Mariners. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and his designated representative will
announce that fact via Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
Designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
    (2) Mariners can request permission to transit through the safety
zone from the Patrol Commander. The Patrol Commander can be contacted
on VHF-FM channels 16 and 23.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: May 17, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-13283 Filed 6-4-13; 8:45 am]
BILLING CODE 9110-04-P


Cryolite (075101)

Screening Level Usage Analysis (SLUA)

Date: June 21, 2010

What is a Screening Level Usage Analysis (SLUA)?

Available estimates of pesticide usage data for a particular active
ingredient that is used on agricultural crops in the United States.

Pesticide usage data obtained from various sources.  The data are then
merged, averaged, and rounded so that the presented information is not
proprietary, business confidential, or trade secret.

What does it contain?

Pesticide usage data for a single active ingredient only.

Agricultural use sites (crops) that the pesticide is reported to be used
on.

Available pesticide usage information from U.S. states that produce 80%
or more of a crop, in most cases, or less than 80%, in rare cases,
depending on the scope of the survey and available resources.

Annual percent of crop treated (average & maximum) for each agricultural
crop.

Average annual pounds of the pesticide applied for each agricultural
crop (i.e., for the states surveyed, not for the entire United States).

What assumptions can I make about the reported data?

Average pounds of active ingredient applied - Values are calculated by
merging pesticide usage data sources together; averaging across all
observations, then rounding.  Note:  If the estimated value is less than
500, then that value is labeled <500.  Estimated values between 500 &
<1,000,000 are rounded to 1 significant digit.  Estimated values of
1,000,000 or greater are rounded to 2 significant digits.)

Average percent of crop treated - Values are calculated by merging data
sources together; averaging by year, averaging across all years, &
rounding to the nearest multiple of 5.  Note:  If the estimated value is
less than 2.5, then the value is labeled <2.5.  If the estimated value
is less than 1, then the value is labeled <1.

Maximum percent of crop treated - Value is the single maximum value
reported across all data sources, across all years, & rounded up to the
nearest multiple of 5.  Note:  If the estimated value is less than 2.5,
then the value is labeled <2.5.

What are the data sources used?

USDA-NASS (United States Department of Agriculture’s National
Agricultural Statistics Service) – pesticide usage data from 2001 to
2008.

Private pesticide market research – pesticide usage data from 2001 to
2008.

NPUD 2002 (National Pesticide Use Database) pesticide usage data from
the CropLife America Foundation are used only if data are not available
from the other sources.

What are the limitations to the data?

Additional registered uses may exist but are not included because the
available surveys do not report usage (e.g., small acreage crops).

Lack of reported usage data for the pesticide on a crop does not imply
zero usage.

Usage data on a particular site may be noted in data sources, but not
quantified.  In these instances, the site would not be reported in the
SLUA.

Non-agricultural use sites (e.g., turf, post-harvest, mosquito control,
etc.) are not reported in the SLUA.  A separate request must be made to
receive these estimates.

Some sites show some use, even though they are not on the label.  This
usage could be due to various factors, including, but not limited to
Section 18 requests, existing stocks of the chemical, data collection
errors, and experimental use permits (EUPs).

Monday, June 21, 2010

Screening Level Estimates of Agricultural Uses of Cryolite (075101)

Sorted Alphabetically

	Percent Crop Ttd.

				Crop	Lbs. A.I.	Avg.	Max.

1	Almonds*+	<500	N/C	N/C

2	Apples +	5,000	<1	<2.5

3	Cantaloupes	30,000	5	5

4	Cranberries (NPUD 2002)	1,000	N/C	5

5	Grapefruit	4,000	<1	<2.5

6	Grapes	1,000,000	15	25

7	Kiwi Fruit*	15,000	N/C	N/C

8	Lemons	20,000	<2.5	<2.5

9	Oranges	60,000	<1	<2.5

10	Peaches	4,000	<1	<2.5

11	Peppers	30,000	5	15

12	Potatoes	20,000	<1	<2.5

13	Pumpkins	1,000	<1	<2.5

14	Squash	2,000	<1	<2.5

15	Strawberries	4,000	<1	<2.5

16	Watermelons	8,000	<1	<2.5

All numbers rounded.

<2.5	Less than 2.5 percent of crop treated

<1	Less than 1 percent of crop treated

N/C	Not Calculated

+	Crops not known to be listed on active end use product registrations
or as Section 18 emergency

exemptions when this report was run

*	CA data only (95% or more of U.S. acres in California)

SLUA data sources include:

USDA-NASS (United States Department of Agriculture's National
Agricultural Statistics Service)

Private Pesticide Market Research

NPUD 2002 (National Pesticide Use Database) of the CropLife America
Foundation

California DPR (Department of Pesticide Regulation)

These results reflect amalgamated data developed by the Agency and are
releasable to the public.


[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Rules and Regulations]
[Pages 4140-4145]
[FR Doc No: 2022-01568]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0331; Project Identifier AD-2020-01703-T;
Amendment 39-21887; AD 2021-26-28]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 757 airplanes. This AD was prompted by
significant changes, including new or more restrictive requirements,
made to the

airworthiness limitations (AWLs) related to fuel tank ignition
prevention and the nitrogen generation system. This AD requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective March 3, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 3,
2022.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0331.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0331; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount Blvd.,
Lakewood, CA 90712-4102; phone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all The Boeing Company
Model 757 airplanes. The NPRM published in the Federal Register on May
10, 2021 (86 FR 24786). The NPRM was prompted by significant changes,
including new or more restrictive requirements, made to the AWLs
related to fuel tank ignition prevention and the nitrogen generation
system. In the NPRM, the FAA proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. The FAA is issuing this AD
to address ignition sources inside the fuel tanks and the increased
flammability exposure of the center fuel tank caused by latent
failures, alterations, repairs, or maintenance actions, which could
result in a fuel tank explosion and consequent loss of an airplane.

Revised Service Information Since the NPRM Was Issued

    Since the NPRM was issued, the FAA has reviewed Boeing 757
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),
D622N001-9, dated September 2020. The revised service information adds
a section that references any Boeing service bulletin modifications
that include supplemental structural inspections. This service
information revision does not affect the technical content of this AD.
The FAA has revised this final rule to require the September 2020
version of the service information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from The Air Line Pilots Association,
International (ALPA), Boeing, and United Airlines who supported the
NPRM without change.
    The FAA received additional comments from three commenters,
including Aviation Partners Boeing (APB), Delta Airlines (DAL), and VT
Mobile Aerospace Engineering (VT MAE), Inc. The following presents the
comments received on the NPRM and the FAA's response to each comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) STC ST01518SE does not affect
the accomplishment of the manufacturer's service instructions.
    The FAA agrees with the commenter that STC ST01518SE does not
affect the accomplishment of the manufacturer's service instructions.
Therefore, the installation of STC ST01518SE does not affect the
ability to accomplish the actions required by this AD. The FAA has not
changed this AD in this regard.

Request To Use Certain Documents Associated With a Certain STC

    VT MAE proposed that certain maintenance planning documents
associated with VT MAE STCs be included in the NPRM. VT MAE stated that
certain maintenance documents associated with VT MAE STCs supersede AWL
No. 28-AWL-01 of Boeing 757 Maintenance Planning Data (MPD) Document,
Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622N001-9, dated March 2020.
    The FAA disagrees with the commenter's request. A maintenance
document associated with an STC cannot replace an AWL task established
by the type design holder of the aircraft. Furthermore, the maintenance
documents referred to by VT MAE and associated with VT MAE STCs are
unrelated to the unsafe condition addressed by this AD. If any safety
issue associated with VT MAE STCs is reported to the FAA, the FAA may
consider a separate AD action to mandate necessary information. The FAA
has not changed this AD in this regard.

Request To Clarify Compliance for a Certain STC

    DAL requested clarification on how an operator would comply with
AWL No. 28-AWL-19 for airplanes that have incorporated TDG Aerospace
STC ST01950LA, which installs the universal fault interrupter (UFI) in
place of the Boeing ground fault interrupter (GFI) that is referenced
in AWL No. 28-AWL-19.
    The FAA provides the following clarification. AWL No. 28-AWL-19
specifies the actions that are required before the fuel pump circuit
breakers or the GFIs are reset. If the TDG Aerospace UFI is installed
in place of the GFI, the actions associated with the GFI as specified
in AWL No. 28-AWL-19 are no longer applicable, but the actions
associated with the fuel pump circuit breakers in AWL No. 28-AWL-19 are
still applicable. The FAA has not changed this AD in this regard.

Request To Clarify the Revision Level for Certain Service Information

    DAL requested clarification of the Boeing service bulletins
associated with certain AWLs specified by the proposed AD. DAL stated
that the Boeing service bulletins are identified without a revision
level in the applicability column for the AWLs and that the revision
level should be identified. DAL commented that clarification of the

revision level would ensure that operators have the correct information
for each AWL.
    The FAA disagrees with the request. The FAA has previously issued
ADs for Model 757 airplanes requiring accomplishment of the service
bulletins referenced in the AWLs associated with Air Transport
Association (ATA) Chapter 28. Those ADs specify the revision level of
the required service bulletins. If the revision level of a service
bulletin is specified in an AWL, it may be possible to have a situation
where the revision levels of the service bulletin specified in an AWL
and an AD are inconsistent. This could occur when an AD has a provision
to allow accomplishment of an earlier revision level of the service
bulletin within a certain time period, or when an AD is superseded to
mandate a later revision of a service bulletin that was previously
required. Such a situation would cause confusion and possibly require a
change to an AWL and issuance of a new AD to require an updated AWL.
Therefore, the FAA has determined that it would be more effective to
not specify the revision level of the referenced service bulletins in
the AWLs, so that any conflict regarding the revision level of a
service bulletin would not occur between an AWL and an AD that mandated
the service bulletin.
    As for the AWLs associated with ATA Chapter 47, the operating
rules, such as 14 CFR 121.1117(d), 125.509(d) and 129.117(d), require
operators to install an FAA-approved flammability reduction means
(Boeing Nitrogen Generation System (NGS)). In addition, the operating
rules, such as 14 CFR 121.1117(g), 125.509(g), and 129.117(g), require
operators to revise the maintenance or inspection program to include
applicable airworthiness limitations. The AWLs associated with ATA
Chapter 47 and the service bulletins referenced in these AWLs were
developed when these operating rules were promulgated. The service
bulletins and the AWLs for NGS were approved for compliance with
applicable 14 CFR part 25 regulations during certification of the
Boeing NGS. Since development of the Boeing NGS service bulletins, the
FAA has not received any reports that would raise concern for
accomplishing a specific revision level of a service bulletin
associated with those operating rules. The FAA has not changed this
final rule in this regard.

Request To Not Mandate a Certain AWL in the Proposed AD

    DAL requested that incorporation of AWL No. 47-AWL-06 in Boeing 757
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),
D622N001-9, dated March 2020, not be required in the proposed AD until
specific service instructions are identified and compliance times are
adequately defined. DAL stated that certain language in AWL No. 47-AWL-
06 requires either that operators implement these FAA-approved design
changes or that operators implement other design changes or operational
procedural changes approved by the FAA Oversight Office within the
compliance time stated in the service instructions. DAL commented that
this language essentially forces operators to show compliance for a
document that does not yet exist.
    DAL also commented that if Boeing publishes service instructions
that are FAA approved, then the CDCCL in its current state strips the
operator's ability to comment on the service instructions before the
service instructions become law.
    The FAA disagrees with the request to not mandate the incorporation
of AWL No. 47-AWL-06. This specific CDCCL was determined to be
necessary during the certification of the NGS as discussed in FAA
Equivalent Level of Safety Finding for the Fuel Tank Flammability Rule
(FTFR) on Boeing Company Models 737 Classic, 737NG, 747-400, 747-8,
757, 767, 777 and 787 Series Airplanes, Memo No. PS05-0177-P-2, dated
November 20, 2015 (ELOS memorandum).\1\ The fuel tank flammability
analysis conducted by Boeing for the NGS certification was based on
airplane descent rates that were slower than the rates defined in
Reduction of Fuel Tank Flammability in Transport Category Airplanes (73
FR 42444, July 21, 2008), the FTFR rule. The data provided by Boeing
showed that when the airplane descent rate defined in the rule was
used, the flammability levels would exceed the limits required by the
FTFR rule. Boeing proposed to use descent rates slower than the rates
defined in the FTFR rule and provided supportive data based on
operation of the transport fleet. Under the ELOS memorandum, Boeing is
required to monitor U.S. fleet descent rates and to develop service
instructions if the fleet average flammability exposure approaches the
limits required by the FTFR rule due to an increase in the descent
rates. These requirements for Boeing and the conditions specified in
the CDCCL, which include the requirement for operators to incorporate
service instructions, were determined to be compensating design
features or alternative standards to justify the ELOS finding.
---------------------------------------------------------------------------

    \1\ https://drs.faa.gov/browse/excelExternalWindow/dba562e3-218f-423a-b24e-a1e77ded8e0a.
---------------------------------------------------------------------------

    Furthermore, incorporation of the AWLs associated with ATA Chapter
47 required for Model 757 airplanes is required by operating rules such
as 14 CFR 121.1117(g), 125.509(g), and 129.117(g). Therefore, an
earlier version of AWL No. 47-AWL-06 with essentially the same content
as the version of AWL No. 47-AWL-06 that is mandated by this AD should
already exist in operator's maintenance or inspection program, as
applicable. This AD requires incorporation of AWL No. 47-AWL-06 in
Boeing 757 Maintenance Planning Data (MPD) Document, Section 9,
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D622N001-9, dated September 2020. Even if the
requirement to incorporate AWL No. 47-AWL-06 is removed from this AD as
proposed by the commenter, operators still must comply with the same
requirements of AWL No. 47-AWL-06 that already exist in their
maintenance or inspection program, as applicable. The FAA has not
changed this final rule in this regard.

Request for Clarification for Incorporating Section E of the Service
Information

    DAL requested clarification of the requirements for paragraph (g)
of the proposed AD. DAL stated that paragraph (g) of the proposed AD
would require incorporating the information in Section E, including
Subsections E.1 and E.3, of Boeing 757 Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622N001-9, dated March 2020. DAL
stated that Section E contains subsections E.1, E.2, E.3, and E.4, so
it is unclear why Subsections E.1 and E.3 are specifically identified,
because it seems redundant. DAL commented that if only Subsections E.1
and E.3 are required, then those subsections should be identified
specifically.
    The FAA provides the following clarification. Section E contains
information prior to the beginning of Subsection E.1, such as
``Introduction'' and ``Regulatory Agency Approval.'' The FAA has
determined that certain information, such as the information provided
under the ``Definitions,'' is critical to performing the maintenance
required by the AWLs. Paragraph (g) of this AD requires incorporation
of the information contained in Section E prior to the beginning of
Subsection E.1, as

well as incorporation of Subsections E.1 and E.3. Incorporation of the
information in Subsections E.2 and E.4 was previously addressed by
separate AD actions or as an alternative methods of compliance (AMOC).
Since then, the information in Subsections E.2 and E.4 has not been
revised to a level that would affect safety and warrant a new AD
action. Therefore, the FAA has clarified paragraph (g) of this AD to
specify that incorporation of Subsections E.2 and E.4 into the existing
maintenance or inspection program, as applicable, is not required by
this AD.

Request To Remove Certain Service Information From the AWL

    DAL requested removal of Boeing Service Bulletin 757-47-0005, as
specified in the ``Applicability'' column of certain AWLs in Boeing 757
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),
D622N001-9, dated March 2020, and in paragraphs (g)(10) through (12) of
the proposed AD. DAL stated the service information is not available to
operators, and removal of the service information in the AWLs would
help operators better understand the scope of the proposed AD.
    The FAA disagrees with the commenter's request since Boeing Service
Bulletin 757-47-0005 applies only to certain operators. The FAA has
confirmed with Boeing that Service Bulletin 757-47-0005 can be searched
and accessed only by operators who are affected by that service
information. The FAA has not changed this final rule in this regard.

Request To Use a Previously Issued AMOC

    Aviation Partners Boeing stated it has an existing AMOC that
corresponds to AD 2012-12-15, Amendment 39-17095 (77 FR 42964, July 23,
2012) (AD 2012-12-15), which allows Model 757-300 series airplanes with
STC ST01518SE to install a longer fastener than what is specified in
Item 4 of AWL No. 28-AWL-18 in Boeing 757 Maintenance Planning Data
(MPD) Document, Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622N001-9, dated March
2020. APB suggested that paragraph (k) of the proposed AD include AMOCs
approved for AD 2012-12-15 for the corresponding actions in paragraphs
(j)(1) and (2) of the proposed AD.
    The FAA agrees that the AMOC for AD 2012-12-15, which was approved
for STC ST01518SE, should be addressed. The FAA previously determined
that the installation of an alternative fastener under STC ST01518SE
would be adequate. However, the FAA has determined that it would be
more appropriate to specify the requirements associated with STC
ST01518SE in this AD instead of accepting a previously approved AMOC.
The FAA has added paragraph (i) in this AD to address airplanes that
have been modified under STC ST01518SE. In addition, subsequent
paragraphs in this AD have been redesignated accordingly.

Additional Changes to the AMOC Paragraph

    Since the NPRM was issued, the FAA has updated paragraph (l) of
this AD to specify the Los Angeles ACO Branch has the authority to
approve AMOCs for this AD.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, and any other changes
described previously, this AD is adopted as proposed in the NPRM. None
of the changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing 757 Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622N001-9, dated September 2020. This
service information specifies airworthiness limitation instruction
(ALI) and CDCCL tasks related to fuel tank ignition prevention and the
nitrogen generation system. 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
ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 493 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the FAA estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is 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

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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 Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-26-28 The Boeing Company: Amendment 39-21887; Docket No. FAA-
2021-0331; Project Identifier AD-2020-01703-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 3, 2022.

(b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1) and (2)
of this AD.
    (1) AD 2012-12-15, Amendment 39-17095 (77 FR 42964, July 23,
2012) (AD 2012-12-15).
    (2) AD 2018-20-13, Amendment 39-19447 (83 FR 52305, October 17,
2018) (AD 2018-20-13).

(c) Applicability

    This AD applies to all The Boeing Company Model 757-200, -200PF,
-200CB, and -300 series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by significant changes, including new or
more restrictive requirements, made to the airworthiness limitations
(AWLs) related to fuel tank ignition prevention and the nitrogen
generation system. The FAA is issuing this AD to address ignition
sources inside the fuel tanks and the increased flammability
exposure of the center fuel tank caused by latent failures,
alterations, repairs, or maintenance actions, which could result in
a fuel tank explosion and consequent loss of an airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Maintenance or Inspection Program Revision

    Except as provided by paragraphs (h) and (i) of this AD, within
60 days after the effective date of this AD, revise the existing
maintenance or inspection program, as applicable, to incorporate the
information specified in Section E., ``Airworthiness Limitations--
Systems,'' of the Boeing 757 Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622N001-9, dated
September 2020; except this AD does not require incorporation of the
information specified in Subsections E.2 and E.4. The initial
compliance time for doing the airworthiness limitation instruction
(ALI) tasks is at the times specified in paragraphs (g)(1) through
(12) of this AD.
    (1) For AWL No. 28-AWL-01, ``External Wires Over Center Fuel
Tank'': Within 120 months after the most recent inspection was
performed as specified in AWL No. 28-AWL-01.
    (2) For AWL No. 28-AWL-03, ``Fuel Quantity Indicating System
(FQIS)--Out Tank Wiring Lightning Shield to Ground Termination'':
Within 120 months after the most recent inspection was performed as
specified in AWL No. 28-AWL-03.
    (3) For AWL No. 28-AWL-14, ``Main and Center Wing Tank Fueling
Shutoff Valve Body and Actuator--Fault Current Bond'': Within 120
months after the most recent inspection was performed as specified
in AWL No. 28-AWL-14.
    (4) For AWL No. 28-AWL-20, ``Center Tank Fuel Override Boost
Pump Automatic Shutoff System'': Within 12 months after
accomplishment of the actions specified in Boeing Service Bulletin
757-28A0081 or Boeing Service Bulletin 757-28A0082, as applicable;
or within 12 months after the most recent inspection was performed
as specified in AWL No. 28-AWL-20; whichever occurs later.
    (5) For AWL No. 28-AWL-21, ``Over-Current and Arcing Protection
Electrical Design Features Operation--Boost Pump Ground Fault
Interrupter (GFI)'': Within 12 months after accomplishment of the
actions specified in Boeing Service Bulletin 757-28A0078 or Boeing
Service Bulletin 757-28A0079, as applicable; or within 12 months
after the most recent inspection was performed as specified in AWL
No. 28-AWL-21; whichever occurs later.
    (6) For AWL No. 28-AWL-25, ``Motor Operated Valve (MOV)
Actuator--Lightning and Fault Current Protection Electrical Bond'':
Within 72 months after accomplishment of the actions specified in
Boeing Service Bulletin 757-28A0088, or within 72 months after the
most recent inspection was performed as specified in AWL No. 28-AWL-
25, whichever occurs later.
    (7) For AWL No. 28-AWL-26, ``Center Tank Fuel Boost Pump Power
Failed On Protection System'': Within 12 months after accomplishment
of the actions specified in Boeing Service Bulletin 757-28A0105, or
within 12 months after the most recent inspection was performed as
specified in AWL No. 28-AWL-26, whichever occurs later.
    (8) For AWL No. 28-AWL-30, ``AC Fuel Pump Fault Current Bonding
Jumper Installation, Main and Center Tank'': Within 24 months after
the effective date of this AD, or within 72 months after the most
recent inspection was performed as specified in AWL No. 28-AWL-30,
whichever occurs later.
    (9) For AWL No. 28-AWL-33, ``Full Cushion Clamps and Teflon
Sleeving Installed on Out-of-Tank Wire Bundles Installed on Brackets
that are Mounted Directly on the Fuel Tanks'': Within 24 months
after the effective date of this AD; or within 144 months after
accomplishment of the actions specified in Boeing Service Bulletin
757-57A0064 (Part 2 through Part 10 of the Work Instructions); or
within 144 months since the most recent inspection was performed as
specified in AWL No. 28-AWL-33; whichever occurs later.
    (10) For AWL No. 47-AWL-04, ``NGS--NEA Distribution Ducting'':
Within 17,300 flight hours after accomplishment of the actions
specified in Boeing Service Bulletin 757-47-0001 or Boeing Service
Bulletin 757-47-0005, as applicable; or within 17,300 flight hours
after the most recent inspection was performed as specified in AWL
No. 47-AWL-04; whichever occurs later.
    (11) For AWL No. 47-AWL-05, ``NGS--Cross Vent Check Valve'':
Within 17,300 flight hours after accomplishment of the actions
specified in Boeing Service Bulletin 757-47-0001 or Boeing Service
Bulletin 757-47-0005, as applicable; or within 17,300 flight hours
after the most recent inspection was performed as specified in AWL
No. 47-AWL-05; whichever occurs later.
    (12) For AWL No. 47-AWL-07, ``NGS--Thermal Switch'': Within
48,000 flight hours after accomplishment of the actions specified in
Boeing Service Bulletin 757-47-0001 or Boeing Service Bulletin 757-
47-0005, as applicable; or within 48,000 flight hours after the most
recent inspection was performed as specified in AWL No. 47-AWL-07;
whichever occurs later.

(h) Additional Acceptable Wire Types and Sleeving

    During accomplishment of the actions required by paragraph (g)
of this AD, the alternative materials specified in paragraphs (h)(1)
and (2) of this AD are acceptable.
    (1) Where AWL No. 28-AWL-05 identifies wire types BMS 13-48, BMS
13-58, and BMS 13-60, the following wire types are acceptable: MIL-
W-22759/16, SAE AS22759/16 (M22759/16), MIL-W-22759/32, SAE AS22759/
32 (M22759/32), MIL-W-22759/34, SAE AS22759/34 (M22759/34), MIL-W-
22759/41, SAE AS22759/41 (M22759/41), MIL-W-22759/86, SAE AS22759/86
(M22759/86), MIL-W-22759/87, SAE AS22759/87 (M22759/87), MIL-W-
22759/92, and SAE AS22759/92 (M22759/92); and MIL-C-27500 and NEMA
WC 27500 cables constructed from these military or SAE specification
wire types, as applicable.
    (2) Where AWL No. 28-AWL-05 identifies TFE-2X Standard wall for
wire sleeving, the following sleeving materials are acceptable:
Roundit 2000NX and Varglas Type HO, HP, or HM.

(i) Additional Acceptable Materials for Airplanes Modified Under
Aviation Partners Boeing Supplemental Type Certificate (STC) ST01518SE

    During accomplishment of the actions required by paragraph (g)
of this AD, the following alternative materials are acceptable: For
Model 757-300 series airplanes modified using Aviation Partners
Boeing STC ST01518SE, issued March 25, 2005, where AWL No. 28-AWL-18
requires the use of conductive fasteners having Part Number (P/N)
BACB30LR4-7, this AD allows the use of conductive fasteners having
P/N BACB30LR4-7 and P/N BACB30LR4-9.

(j) No Alternative Actions, Intervals, or CDCCLs

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections),

intervals, or CDCCLs may be used unless the actions, intervals, and
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (l) of this
AD.

(k) Terminating Actions for Certain AD Requirements

    Accomplishment of the revision required by paragraph (g) of this
AD terminates the requirements specified in paragraphs (k)(1) and
(2) of this AD for that airplane.
    (1) All requirements of AD 2012-12-15.
    (2) The requirements in paragraph (i)(2) of AD 2018-20-13.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, 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 responsible Flight Standards
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in Related Information. Information may be emailed
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(m) Related Information

    For more information about this AD, contact Samuel Lee,
Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch,
3960 Paramount Blvd., Lakewood, CA 90712-4102; phone:<PHONE_NUMBER>;
email: [email protected].

(n) 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 the AD specifies otherwise.
    (i) Boeing 757 Maintenance Planning Data (MPD) Document, Section
9, Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D622N001-9, dated September 2020.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 17, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-01568 Filed 1-26-22; 8:45 am]
BILLING CODE 4910-13-P