[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49284-49287]
[FR Doc No: 2023-16121]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1479; Project Identifier AD-2022-00703-T;
Amendment 39-22497; AD 2023-13-12]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 737-100, 737-200, 737-200C, 737-300, 737-400,
737-500, 737-600, 737-700, 737-700C, 737-800, 737-900, 737-900ER, 757-
200, 757-200PF, 757-200CB, 757-300, 767-200, 767-300, 767-300F, and
767-400ER series airplanes. This AD was prompted by reports indicating
premature aging of certain passenger chemical oxygen generators. This
AD requires repetitively replacing affected chemical oxygen generators
with serviceable parts. This AD also limits the installation of
affected parts. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective September 5, 2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1479; 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: Nicole S. Tsang, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3959; 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 737-100, 737-200, 737-200C, 737-300, 737-400, 737-500, 737-600,
737-700, 737-700C, 737-800, 737-900, 737-900ER, 757-200, 757-200PF,
757-200CB, 757-300, 767-200, 767-300, 767-300F, and 767-400ER series
airplanes. The NPRM published in the Federal Register on December 9,
2022 (87 FR 75528).
    The NPRM was prompted by reports indicating premature aging of
certain passenger chemical oxygen generators. In the NPRM, the FAA
proposed to require repetitively replacing affected chemical oxygen
generators with serviceable parts, and to limit the installation of
affected parts. The FAA is issuing this AD to address the premature
aging that resulted in the chemical oxygen generators failing to
activate, which could fail to deliver oxygen during an emergency,
possibly resulting in injury to the airplane occupants.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association,
International, and The Boeing Company. Both commenters supported the
NPRM without change.
    The FAA received additional comments from Delta Air Lines, American
Airlines, United Airlines, and United Parcel Service. The following
presents the comments received on the NPRM and the FAA's response to
each comment.

Request To Clarify Service Life of Affected Parts

    American Airlines requested clarification on why paragraph (i)(3)
of the proposed AD allows chemical oxygen generators to remain in
service longer than 10 years. American Airlines stated that paragraph
(i)(3) of the proposed AD contradicts paragraph (h) of the proposed AD
and leads to confusion.
    The FAA agrees to clarify. Currently, there are units with a
manufacturing date older than 10 years that are potentially installed
on airplanes, and these units might be included in the group identified
in paragraph (i)(3) of this AD. After the initial replacement required
by paragraph (i)(3) of this AD, the introductory text to paragraph (i)
of this AD requires operators to replace affected units before
exceeding 10 years since date of manufacture. To determine the
appropriate compliance time for paragraph (i)(3) of this AD, the FAA
assessed the failure rate of the units, the number of suspect units,
and the probability of an unsafe outcome. The FAA has not changed this
AD in this regard.

Request To Remove the 30-Day Compliance Time for Inspection of Part
Numbers

    American Airlines and Delta Air Lines requested removing the 30-day
compliance time for the inspection of the chemical oxygen generators
part numbers. American Airlines stated that inspecting the part numbers
alone does not provide any increase in safety and will severely disrupt
the regular maintenance of the airplane with the potential to impact
passengers if other work has to be postponed to meet a 30-day
inspection requirement. Instead of requiring the 6-, 12-, and 24-month
replacement, American Airlines suggested allowing 12 months to inspect
and correct the units. Delta Air Lines recommended allowing operators
to use existing methods to obtain chemical oxygen generator part
numbers and dates of manufacture at a time that works within the needs
of their operation rather than within 30 days. Delta Air Lines stated
that the existing methods have already been reviewed by the operators'
Certificate Management Office (CMO) and is FAA approved.
    The FAA disagrees with the request to remove the 30-day compliance
time for the part number inspection. The FAA disagrees with Delta Air
Lines' recommendation to allow operators' existing methods to inspect
the chemical oxygen generators part numbers and date of manufacture
that work within the needs of their operation rather than within this
AD's compliance time. The FAA also disagrees with replacing this AD's
proposed compliance times with the American Airlines' proposed 12-month
compliance time to inspect and correct units. The commenter did not
provide justification to substantiate how a 12-month compliance time to
inspect and correct units provides an acceptable level of safety.
Passenger chemical oxygen generators identified in paragraph (i)(1) of
this AD must be replaced sooner than the proposed 12-month compliance
time. After considering all of the available information, the FAA
determined that the compliance time, as proposed, represents an
appropriate interval of time in which the required actions can be
performed in a timely manner within the affected fleet, while still
maintaining an adequate level of safety. When developing the compliance
time, the FAA considered the estimated hours to complete the inspection
and replacements and the availability of parts. There are provisions in
paragraph (g) of this AD that allow review of the airplane maintenance
records in lieu of

an inspection, provided the date of manufacture can be conclusively
determined by that review. Under the provisions of paragraph (k) of
this AD, operators may apply for an extension of the compliance times
by providing rationale explaining why a compliance time extension
provides an acceptable level of safety. The FAA has not changed this AD
in this regard.

Request To Remove Inspection for Retired and Long-Term Storage
Airplanes

    American Airlines requested that inspection of retired airplanes or
airplanes in long-term storage not be required until the airplane goes
into service.
    The FAA agrees that operators are not required to inspect retired
airplanes because retired airplanes are not in service. And the FAA
agrees that airplanes in long-term storage are not required to comply
with the requirements of this AD until the airplane goes into service
(14 CFR 39.7). If the compliance time has passed before a stored
airplane is returned to service, it is not a violation. A violation
occurs only if a product is operated that does not meet the
requirements of an AD. Under the provisions of paragraph (k) of this
AD, an operator who is unable to accomplish the inspection in this AD
within the specified compliance time may request an alternative method
of compliance (AMOC) to extend this time. The FAA has not changed this
AD in this regard.

Request Six Months To Revise Manuals

    American Airlines requested six months to revise applicable
manuals.
    The FAA disagrees with the request to require six months to revise
applicable manuals. This AD requires only inspection of the chemical
oxygen generator part numbers and replacement of chemical oxygen
generators. This AD does not mandate revising applicable manuals. The
FAA has not changed this AD in this regard.

Request Six Months To Purge Inventory

    American Airlines requested six months to purge inventory of P/N
117080-XX chemical oxygen generators.
    The FAA disagrees with the request to require six months to purge
inventory of P/N 117080-XX chemical oxygen generators. This AD requires
only inspection of the chemical oxygen generator part numbers and
replacement of chemical oxygen generators. This AD does not mandate
purging inventory of P/N 117080-XX chemical oxygen generators. The FAA
has not changed this AD in this regard.

Request To Confirm Life Limit of AVOX Systems Part Number P/N 807218-03

    American Airlines requested confirmation that FAA has determined
AVOX Systems part number (P/N) 807218-03 does not have the same
problems as P/N 117080-04 and continues to be an approved part number
with a life of 15 years from the date of manufacture. AVOX Systems P/N
807218-03 has been qualified to both Boeing Spec S417T401-44 (or Drager
P/N E71740-00) and Boeing Spec S417T401-60 (or Collins P/N 117080-04).
    The FAA confirms that AVOX Systems P/N 807218-03 does not have the
same problems as P/N 117080-04. The life limit for AVOX Systems P/N
807218-03 is 15 years from the date of manufacture. Because this AD
does not address P/N 807218-03, no change to this AD is necessary.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) ST00830SE, STC ST01219SE, STC
ST01518SE, and STC ST01920SE on applicable Boeing models subject to the
proposed AD does not affect compliance with the mandated actions.
    The FAA agrees with the commenter that STC ST00830SE, STC
ST01219SE, STC ST01518SE, and STC ST01920SE do not affect the ability
to accomplish the actions required by this AD. The FAA has not changed
this AD in this regard.

Request Use of Illustrated Parts Catalog To Determine Approved Part
Numbers

    Delta Air Lines requested clarification on how to determine whether
a part number is approved. Paragraph (h)(2) of this AD does not have
any provision to allow operators to determine if a part number is
approved. Delta Air Lines assumed operators may use the airplane
Illustrated Parts Catalog (IPC) to determine acceptable approved
alternate parts.
    The FAA confirms that operators may use the airplane IPC to
determine acceptable approved part numbers. The FAA has not changed
this AD in this regard.

Request To Define Acceptable Replacement Chemical Oxygen Generators

    Delta Air Lines requested that paragraph (i) of the proposed AD be
revised to explicitly state that chemical oxygen generators be replaced
with serviceable units during the repetitive replacement.
    The FAA agrees with the comment and has revised the introductory
text to paragraph (i) of this AD accordingly.

Request To Limit Replacement Requirement Based on Date of Manufacture

    Delta Air Lines suggested that paragraph (i) of the proposed AD be
revised to state that no replacement is necessary for affected
passenger chemical oxygen generators that have a date of manufacture in
2014 or later. Delta inferred that since these generators would have a
manufacture date of 2014 or later, and therefore be within the new 10-
year life limit, replacement would not be mandated per the proposed AD.
    The FAA disagrees that units that have a date of manufacture in
2014 or later need not be replaced. The FAA has added paragraph (i)(4)
of this AD to clarify that units with a date of manufacture in 2014 or
later must be replaced before exceeding 10 years since the date of
manufacture, with a 24-month grace period that will allow for timely
and orderly replacement of units that are close to their 10-year life
limit.

Request To Clarify Affected Airplanes

    The United Parcel Service (UPS) Airlines requested limiting the
proposed AD to apply only to the affected airplane models with part
number 117080-02, 117080-03, or 117080-04 chemical oxygen generators
installed. The commenter noted that the proposed AD would require
accomplishment of paragraphs (g) and (i) on all of the airplane models
covered by paragraph (c) of the proposed AD, even if an applicable
airplane does not have part number 117080-02, 117080-03, or 117080-04
installed.
    The FAA disagrees with the commenter's request. The FAA determined
that the part number 117080-02, 117080-03, or 117080-04 chemical oxygen
generators are rotable. This AD therefore applies to all airplanes of
the affected models to ensure that no person installs a non-serviceable
passenger chemical oxygen generator on an airplane that was initially
delivered with an acceptable unit, thereby subjecting that airplane to
the unsafe condition. The FAA has not changed this AD in this regard.

Additional Change to AD

    The compliance time in paragraph (i)(1) of this AD has been
adjusted to accommodate airplanes with generators close to the 15-year
life limit as of the effective date of the AD. This change is not more
restrictive than what was proposed, and does not expand the

scope of the requirement as specified in the proposed AD.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. 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

    Collins Aerospace Service Information Letter (SIL) 117080-SIL-002,
dated May 4, 2022, specifies procedures for replacing affected chemical
oxygen generators.

Costs of Compliance

    The FAA estimates that this AD affects 3,419 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                Cost on U.S.
          Action                Labor cost            Parts cost         Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Inspection...............  4 work-hours x $85    $0..................  $340................  $1,162,460.
                            per hour = $340.
Replacement..............  0.50 work-hour x $85  Up to $445..........  Up to $488 per        $1,668,472 per
                            per hour = $43 per                          replacement cycle.    replacement cycle.
                            replacement cycle.
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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:

2023-13-12 The Boeing Company: Amendment 39-22497; Docket No. FAA-
2022-1479; Project Identifier AD-2022-00703-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 5,
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-100, 737-
200, 737-200C, 737-300, 737-400, 737-500, 737-600, 737-700, 737-
700C, 737-800, 737-900, 737-900ER, 757-200, 757-200PF, 757-200CB,
757-300, 767-200, 767-300, 767-300F, and 767-400ER series airplanes,
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by reports of premature aging of certain
chemical oxygen generators. The FAA is issuing this AD to address
this premature aging that resulted in the generators failing to
activate, which could fail to deliver oxygen during an emergency,
possibly resulting in injury to the airplane occupants.

(f) Compliance

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

(g) Oxygen Generator Part Number Inspection

    Within 30 days after the effective date of this AD: Inspect
passenger chemical oxygen generators having part numbers 117080-02,
117080-03, and 117080-04 to determine their date of manufacture. A
review of airplane maintenance records is acceptable for the
inspection, provided the date of manufacture can be conclusively
determined by that review.

(h) Definition

    For purposes of this AD, a serviceable unit is a passenger
chemical oxygen generator that meets the condition specified in
either paragraph (h)(1) or (2) of this AD.
    (1) Part numbers 117080-02, 117080-03, and 117080-04, with a
manufacturing date not older than 10 years.
    (2) Approved part numbers other than 117080-02, 117080-03, and
117080-04, provided the generator has not exceeded the life limit
established for that generator by the manufacturer.

(i) Oxygen Generator Replacement

    For any passenger chemical oxygen generators having part numbers
117080-02, 117080-03, and 117080-04: At the applicable time
specified in paragraph (i)(1) through (4) of this AD, replace the
chemical oxygen generator with a serviceable unit, as defined in
this AD. Thereafter, replace chemical oxygen generators having part
numbers 117080-02, 117080-03, and 117080-04 with serviceable units,
as defined in this AD,

before exceeding 10 years since date of manufacture.
    Note 1 to paragraph (i): Additional guidance for replacing the
affected passenger chemical oxygen generators can be found in
Collins Aerospace Service Information Letter 117080-SIL-002, dated
May 4, 2022, and approved maintenance procedures.
    (1) After doing the inspection in paragraph (g) of this AD: If
the passenger chemical oxygen generator has a date of manufacture in
2008 or earlier, replace before further flight or within 15 years
since the date of manufacture, whichever occurs later.
    (2) For passenger chemical oxygen generators that have a date of
manufacture in 2009 or 2010: Replace within 12 months after the
effective date of this AD.
    (3) For passenger chemical oxygen generators that have a date of
manufacture in 2011, 2012, or 2013: Replace within 24 months after
the effective date of this AD.
    (4) For passenger chemical oxygen generators that have a date of
manufacture in 2014 or later: Replace before exceeding 10 years
since the date of manufacture, or within 24 months after the
effective date of this AD, whichever occurs later.

(j) Parts Installation Limitation

    As of the effective date of this AD, no person may install a
passenger chemical oxygen generator, unless the oxygen generator is
a serviceable unit, as defined in this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Continued Operational Safety 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 paragraph (l)(1) of this AD. 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,
Continued Operational Safety 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.

(l) Related Information

    (1) For more information about this AD, contact Nicole S. Tsang,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone:<PHONE_NUMBER>; email: [email protected].
    (2) For Collins Aerospace service information identified in this
AD that is not incorporated by reference, contact Collins Aerospace,
15701 West 95th Street, Lenexa, KS 66219; email
[email protected]; website tpi.beaerospace.com/Authentication. 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>.

(m) Material Incorporated by Reference

    None.

    Issued on June 30, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16121 Filed 7-28-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Proposed Rules]
[Pages 31548-31549]
[FR Doc No: 2012-12943]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2011-1429; Airspace Docket No. 11-AAL-22

Proposed Establishment of Class E Airspace; Chenega Bay, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at Chenega
Bay Airport, Chenega Bay, AK, to accommodate aircraft using new Area
Navigation (RNAV) Global Positioning System (GPS) standard instrument
approach procedures at Chenega Bay Airport, Chenega Bay, AK. The FAA is
proposing this action to enhance the safety and management of aircraft
operations at the airport.

DATES: Comments must be received on or before July 13, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2011-
1429; Airspace Docket No. 11-AAL-22, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2011-1429 and Airspace Docket No. 11-AAL-22) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those

comments a self-addressed stamped postcard on which the following
statement is made: ``Comments to FAA Docket No. FAA-2011-1429 and
Airspace Docket No. 11-AAL-22''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class E airspace at
Chenega Bay Airport, Chenega Bay, AK. Controlled airspace is necessary
to accommodate aircraft using the new RNAV (GPS) standard instrument
approach procedures at Chenega Bay Airport, Chenega Bay, AK. This
action would enhance the safety and management of aircraft operations
at the airport.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9V, dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish controlled airspace at Chenega Bay Airport,
Chenega Bay, AK.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

     Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR Part 71.1 of the
Federal Aviation Administration Order 7400.9V, Airspace Designations
and Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AAL AK E5 Chenega Bay, AK [New]

Chenega Bay Airport, AK
    (Lat. 60[deg]04'43'' N., long. 147[deg]59'41'' W.)

    That airspace extending upward from 700 feet above the surface
within a 2-mile radius of the Chenega Bay Airport, and that airspace
beginning at the intersection of the 2-mile radius of the airport
and 170[deg] bearing of Chenega Bay Airport to lat. 60[deg]02'17''
N., long. 147[deg]39'07'' W.; to lat. 60[deg]05'06'' N., long.
147[deg]28'33'' W.; to lat. 60[deg]11'41'' N., long. 147[deg]37'16''
W.; thence to the intersection of the 2-mile radius of Chenega Bay
Airport and 353[deg] bearing of the airport.

    Issued in Seattle, Washington, on May 17, 2012.
Robert Henry,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012-12943 Filed 5-25-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40566-40567]
[FR Doc No: 2021-16037]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-P-0299]

Determination That EFUDEX (Fluorouracil) Topical Solution, 5
Percent, Was Not Withdrawn From Sale for Reasons of Safety or
Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) has
determined that EFUDEX (fluorouracil) topical solution, 5 percent, was
not withdrawn from sale for reasons of safety or effectiveness. This
determination means that FDA will not begin procedures to withdraw
approval of the abbreviated new drug application (ANDA) that refers to
this drug product, and it will allow FDA to continue to approve ANDAs
that refer to the product as long as they meet relevant legal and
regulatory requirements.

FOR FURTHER INFORMATION CONTACT: Kaetochi Okemgbo, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave. Bldg. 51, Rm. 6272, Silver Spring, MD 20993-0002, 240-
825-9944<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417)
(the 1984 amendments), which authorized the approval of duplicate
versions of drug products under an ANDA procedure. ANDA applicants
must, with certain exceptions, show that the drug for which they are
seeking approval contains the same active ingredient in the same
strength and dosage form as the ``listed drug,'' which is a version of
the drug that was previously approved. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).

    The 1984 amendments include what is now section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which
requires FDA to publish a list of all approved drugs. FDA publishes
this list as part of the ``Approved Drug Products With Therapeutic
Equivalence Evaluations,'' which is known generally as the ``Orange
Book.'' Under FDA regulations, drugs are removed from the list if the
Agency withdraws or suspends approval of the drug's NDA or ANDA for
reasons of safety or effectiveness or if FDA determines that the listed
drug was withdrawn from sale for reasons of safety or effectiveness (21
CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to approving an ANDA that refers to the listed
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that
does not refer to a listed drug.
    EFUDEX (fluorouracil) topical solution, 5 percent, is the subject
of NDA 016831, held by Bausch Health Americas, Inc., and initially
approved on July 29, 1970. EFUDEX is indicated for the topical
treatment of multiple actinic or solar keratoses, and treatment of
superficial basal cell carcinomas when conventional methods are
impractical, such as with multiple lesions or difficult treatment
sites. EFUDEX (fluorouracil) topical solution, 5 percent, is currently
listed in the ``Discontinued Drug Product List'' section of the Orange
Book.
    Encube Ethicals Private Ltd. submitted a citizen petition dated
March 16, 2021 (Docket No. FDA-2021-P-0299), under 21 CFR 10.30,
requesting that the Agency determine whether EFUDEX (fluorouracil)
topical solution, 5 percent, was withdrawn from sale for reasons of
safety or effectiveness.
    After considering the citizen petition and reviewing Agency records
and based on the information we have at this time, FDA has determined
under Sec.  314.161 that EFUDEX (fluorouracil) topical solution, 5
percent, was not withdrawn for reasons of safety or effectiveness. The
petitioner has identified no data or other information suggesting that
EFUDEX (fluorouracil) topical solution, 5 percent, was withdrawn for
reasons of safety or effectiveness. We have carefully reviewed our
files for records concerning the withdrawal of EFUDEX (fluorouracil)
topical solution, 5 percent, from sale. We have also independently
evaluated relevant literature and data for possible postmarketing
adverse events. We have found no information that would indicate that
this drug product was withdrawn from sale for reasons of safety or
effectiveness.
    Accordingly, the Agency will continue to list EFUDEX (fluorouracil)
topical solution, 5 percent, in the ``Discontinued Drug Product List''
section of the Orange Book. The ``Discontinued Drug Product List''
delineates, among other items, drug products that have been
discontinued from marketing for reasons other than safety or
effectiveness. FDA will not begin procedures to withdraw approval of
the approved ANDA that refers to this drug product. Additional ANDAs
that refer to EFUDEX (fluorouracil) topical solution, 5 percent, may
also be approved by the Agency as long as they meet all other legal and
regulatory requirements for the approval of ANDAs. If FDA determines
that labeling for this drug product should be revised to meet current
standards, the Agency will advise ANDA applicants to submit such
labeling.

    Dated: July 20, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-16037 Filed 7-27-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Notices]
[Pages 40071-40072]
[FR Doc No: 2019-17258]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-2281]

Incorporating Alternative Approaches in Clinical Investigations
for New Animal Drugs; Public Meeting; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
extending the comment period for the notice of public meeting entitled
``Incorporating Alternative Approaches in Clinical Investigations for
New Animal Drugs; Public Meeting; Request for Comments'' that appeared
in the Federal Register of July 9, 2019. In the notice of public
meeting, FDA requested comments on the use of complex adaptive and
other novel investigation designs, data from foreign countries, real
world evidence, and biomarkers and surrogate endpoints in animal drug
development and regulatory decision making. The Agency is taking this
action in response to a request for an extension to allow interested
persons additional time to submit comments.

DATES: FDA is extending the comment period on the notice of public
meeting published July 9, 2019 (84 FR 32749). Submit either electronic
or written comments by September 16, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before September 16, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of September 16, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-N-2281 for ``Incorporating Alternative Approaches in Clinical
Investigations for New Animal Drugs; Public Meeting; Request for
Comments.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as

``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Susan Storey, Center for Veterinary
Medicine, Food and Drug Administration, 7500 Standish Pl. (HFV-131),
Rockville, MD, 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of July 9, 2019 (84
FR 32749), FDA published a notice of public meeting and request for
comment with a 30-day comment period to request comments on the use of
complex adaptive and other novel investigation designs, data from
foreign countries, real world evidence, and biomarkers and surrogate
endpoints in animal drug development and regulatory decision making.
Comments are intended to support FDA guidance development as required
under section 305 of the Animal Drug and Animal Generic Drug User Fee
Amendments of 2018 (Pub. L. 115-234). Section 305 directs FDA to
develop guidance to address several alternative approaches in clinical
investigations for new animal drugs.
    The Agency has received a request for a 30-day extension of the
comment period for the notice of meeting. The request conveyed concern
that the current 30-day comment period does not allow sufficient time
to develop a meaningful or thoughtful response to alternative
approaches in clinical investigations for new animal drugs.
    FDA has considered the request and is extending the comment period
for the notice of public meeting for 30 days, until September 16, 2019.
The Agency believes that a 30-day extension allows adequate time for
interested persons to submit comments without significantly delaying
the development of guidance on these important issues.

    Dated: August 7, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-17258 Filed 8-12-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59800-59801]
[FR Doc No: 2015-25114]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2014-1053]

Towing Safety Advisory Committee; October 2015 Meeting

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Notice of Federal Advisory Committee meeting.

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

SUMMARY: The Towing Safety Advisory Committee will meet in Washington,
DC, to review and discuss recommendations from its subcommittees and to
receive briefs listed in the agenda under SUPPLEMENTARY INFORMATION.
All meetings will be open to the public.

DATES: The Towing Safety Advisory Committee Subcommittees will meet on
Thursday, October 22, 2015, from 8:30 a.m. to 5 p.m. The full Towing
Safety Advisory Committee will meet on Friday, October 23, 2015, from 8
a.m. to 5:30 p.m. These meetings may close early if the Committee has
completed its business.

ADDRESSES: All meetings will be held at the Department of
Transportation Headquarters Media Center, 1200 New Jersey Avenue SE.,
Washington, DC 20590. The Telephone Number for the DOT HQ Media Center
is<PHONE_NUMBER> and the Fax is<PHONE_NUMBER>.
    You must present a form of government issued identification to gain
entrance to the Department of Transportation Headquarters. We recommend
you arrive at least 30 minutes before the scheduled start time.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section,
as soon as possible.
    To facilitate public participation, we are inviting public comment
on the issues to be considered by the Committee as listed in the
``Agenda'' section below. If you want the Committee members to be able
to review your comments before the meeting, submit them no later than
October 15, 2015 and they must be identified by Docket No. USCG-2014-
1053. Written comments may be submitted using the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact Mr. Abernathy
listed in the FOR FURTHER INFORMATION CONTACT section of this document
for alternate instructions.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number, ``USCG-2014-
1053.'' All comments received will be posted without alteration at
http://www.regulations.gov including any personal information provided.
You may review a Privacy Act notice regarding the Federal Docket
Management System in the March 24, 2005 issue of the Federal Register
(70 FR 15086).
    Docket: For access to the docket to read documents or comments
related to this notice, go to http://www.regulations.gov insert USCG-
2014-1053 in the Search box, press Enter, and then click on the item
you wish to view.

FOR FURTHER INFORMATION CONTACT: Mr. William J. Abernathy, Alternate
Designated Federal Officer for the Towing Safety Advisory Committee;
Commandant (CG-OES-2), U.S. Coast Guard, 2703 Martin Luther King Jr.
Avenue SE., Stop 7509, Washington, DC 20593-7509; telephone 202-372-
1363, fax<PHONE_NUMBER>; or email<EMAIL_ADDRESS>or
Commander Jose A. Perez, Designated Federal Officer; telephone 202-372-
1410, fax<PHONE_NUMBER>; or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. Appendix. This Committee is
established in accordance with, and operates under the provisions of,
the Federal Advisory Committee Act. As stated in 33 U.S.C. 1231a, the
Towing Safety Advisory Committee provides advice and recommendations to
the Department of Homeland Security on matters relating to shallow-
draft inland and coastal waterway navigation and towing safety.

Agenda of Meetings

    The subcommittees will meet on October 22, 2015, from 8:30 a.m. to
5 p.m., to work on their specific task assignments:
    (1) Recommendations for the Maintenance, Repair, and Utilization of
Towing Equipment, Lines, and Couplings.
    (2) Recommendations to Establish Criteria for Identification of Air
Draft for Towing Vessels and Tows.
    (3) Recommendations concerning the MODU KULLUK Report of
Investigation.
    (4) Recommendations regarding the automation equipment, testing,
and trial periods to be considered by Officers-in-Charge, Marine
Inspection for a reduction in engine room personnel on towing vessels.
    On October 23, 2015, from 8 a.m. to 5:30 p.m., the Towing Safety
Advisory Committee will meet to discuss the progress of its
subcommittees and expects to receive and consider the draft final
reports from the subcommittees on the MODU KULLUK and Towing Gear. The
Committee will also receive new tasking requesting recommendations
regarding Articulated Tug and Barge operations and manning, and use of
Electronic Charting on Towing Vessels. The Committee will also receive
an update on a tasking request to review and provide recommendations
regarding engine room operations on towing vessels equipped with
systems automation in order to determine manning levels.
    There will be a comment period for Towing Safety Advisory Committee
members and a comment period for the public after each report
presentation, but before each is voted on by the Committee. The
Committee will review the information presented on each issue,
deliberate on any recommendations presented in the Subcommittees'
reports, and formulate recommendations for the Department's
consideration.
    A copy of each available draft report and presentation as well as
the meeting agenda will be available by October 15, 2015, at: https://homeport.uscg.mil/tsac. Any revisions or updates to the presentations
and the reports that are received subsequent to the meeting will be
posted no later than 90 days following the meeting.
    An opportunity for oral comments by the public will be provided
during the meeting on October 23, 2015. Speakers are requested to limit
their comments to 3 minutes. Please note the public oral comment period
may end before 5:30 p.m., if the Committee has finished its

business earlier than scheduled. Please contact Mr. William J.
Abernathy, listed above in the FOR FURTHER INFORMATION CONTACT section
to register as a speaker.

Minutes

    Minutes from the meeting will be available for public review and
copying within 90 days following the close of the meeting and can be
accessed from the Coast Guard Homeport Web site http://homeport.uscg.mil/tsac.

     Dated: September 29, 2015.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2015-25114 Filed 10-1-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Proposed Rules]
[Pages 35044-35046]
[FR Doc No: 2021-14029]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2021-0004; FRL-10025-48-Region 8]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Colorado; Control of Emissions From Existing
Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a Clean Air Act (CAA or the ``Act'') section 111(d) state plan
submitted by the Colorado Department of Public Health and Environment
(CDPHE or the ``Department'') on March 23, 2021. This state plan was
submitted to fulfill the requirements of the CAA and is responsive to
the EPA's promulgation of Emission Guidelines and Compliance Times (EG)
for existing municipal solid waste (MSW) landfills. The Colorado state
plan establishes performance standards and other operating requirements
for existing MSW landfills within the State of Colorado and provides
for the implementation and enforcement of those standards and
requirements by the Department.

DATES: Written comments must be received on or before August 2, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0004, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air and Radiation
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. The EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding federal holidays and facility closures.

FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number:<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    On August 29, 2016, the EPA finalized revised Standards of
Performance (NSPS) for new MSW landfills and EG for existing MSW
landfills in 40 CFR part 60, subparts XXX and Cf, respectively. See 81
FR 59331 and 59313. These rulemaking actions were taken in accordance
with section 111 of the CAA. Section 111(d) of the Act requires the EPA
establish procedures for a state to submit a plan to the Agency that
establishes standards of performance for any 'existing' source for any
air pollutant, (1) for which air quality criteria have not been issued
or which is not included on a list published under CAA section 108, or
emitted from a source category which is regulated under CAA section
112, but (2) to which a new source performance standard under section
111(b) would apply if such existing source were a `new' source. The EPA
established general provisions for submittal of state plans for 111(d)
sources in 40 CFR part 60, subpart B. State plan submittals for 111(d)
sources must be consistent with the requirements of these general
provisions and also establish performance standards and other
requirements at least as stringent as those established by the relevant
EG as published in 40 CFR part 60. Upon state plan submittal, the EPA
reviews a state's plan for consistency with the requirements of the
general provisions and specific EG. If the state plan is complete and
approvable with reference to these requirements, the Agency notifies
the public, promulgates the plan in 40 CFR part 62 and delegates
implementation and enforcement of the standards and requirements of the
EG to the state under the terms of the state plan as published in the
CFR. Today's

action concerns the completeness and approvability of Colorado's 111(d)
state plan for existing MSW landfills.

II. Summary and Analysis of the Plan Submittal

    The Executive Director of CDPHE submitted a final 111(d) state plan
for existing MSW landfills on March 23, 2021 in response to the August
29, 2016 finalization of the revised EG published at 40 CFR part 60,
subpart Cf. The EPA has reviewed the Colorado plan submittal in the
context of the plan completeness and approvability requirements found
in 40 CFR part 60, subparts B and Cf, as well as the general provisions
for plan approval found in 40 CFR part 62, subpart A. The EPA is
proposing with this action to approve Colorado's submittal. If EPA
finalizes the proposed action in a future final rulemaking, EPA will
promulgate the plan under 40 CFR part 62, subpart G.
    The Colorado state plan submittal package includes all materials
necessary to be deemed administratively and technically complete
according to the criteria of 40 CFR part 60, subpart B. Colorado has
chosen to author a state plan document (the ``111(d) Plan for Existing
Municipal Solid Waste Landfills in Colorado'') and provide all
implementation and enforcement authority for all state plan
requirements through revisions to the Code of Colorado Regulations
(CCR). Specifically, the State has appropriately incorporated all
general EG performance standards and other source requirements in 5 CCR
1001-8 and has given more specific instruction to designated facilities
within the state plan document. Both the adopted state plan document
and the relevant CCR section, as well as all other relevant plan
submittal materials may be found in the docket for today's action.
Necessary State legal and enforcement authorities required for plan
approval are located elsewhere in Colorado statute, rules and
regulations and have been reviewed and approved of by the EPA in the
course of prior section 111(d) or 111(d)/129 state plan approvals. See
40 CFR 62.1350-1400. Following the EPA's review of the submittal
materials, the Agency finds the state plan package to be approvable
according to all plan requirements.
    Analysis of the submitted state plan's completeness and
approvability, with reference to the relevant general and source
category specific plan requirements of 40 CFR part 60, subparts B and
Cf, and a detailed explanation of the rationale supporting this
proposed approval is available in the Technical Support Document (TSD)
in the docket of this proposed rule.

III. Proposed Action

    The EPA is proposing to approve the Colorado section 111(d) state
plan for MSW landfills. The state plan was submitted in full compliance
with the requirements of 40 CFR part 60, subparts B and Cf. Therefore,
the EPA is proposing to amend 40 CFR part 62, subpart G to reflect this
approval action. This approval is based on the rationale provided in
section II of this preamble and discussed in detail in the TSD
associated with this rulemaking action. The Agency's approval is in
accordance with the general provisions of plan approval found in 40 CFR
part 60, subpart B and in part 62, subpart A of that Title and is
pursuant to the Agency's role under 42 U.S.C. 7411(d). The EPA's
proposed approval of the Colorado plan is limited to those landfills
that meet the criteria established in 40 CFR part 60, subpart Cf and
grants the State authority to implement and enforce the performance
standards and source requirements of the EG, except in those cases
where authorities are specifically reserved for the EPA Administrator
or his designee. Authorities retained by the EPA Administrator are
those listed in 40 CFR 60.30f(c)

IV. Incorporation by Reference

    In this document, the EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference of the
state plan. In accordance with requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference CDPHE and Colorado Air Quality
Control Commission regulations regarding MSW landfills discussed in
section II of this preamble. The EPA has made, and will continue to
make, these materials available through the docket for this action,
EPA-R08-OAR-2021-0004, at https://www.regulations.gov and at the EPA
Region 8 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 111(d)
state plan submittal that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7411(d); 40 CFR 62.02(a).
Thus, in reviewing 111(d) plan submittals, the EPA's role is to approve
state choices, provided that they meet the criteria of the CAA and the
relevant provisions of 40 CFR part 60. Accordingly, this action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the Colorado 111(d) state plan for existing MSW
landfills is not approved to apply on any Indian reservation land or in
any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the proposed
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Landfills, Methane, Ozone,
Reporting

and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: June 25, 2021.
Debra H. Thomas,
Acting Regional Administrator, EPA Region 8.
[FR Doc. 2021-14029 Filed 6-30-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Rules and Regulations]
[Pages 46113-46115]
[FR Doc No: 2021-17605]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0364; Project Identifier MCAI-2020-00274-R;
Amendment 39-21675; AD 2021-16-13]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Leonardo S.p.a. (Leonardo) Model A109S and AW109SP helicopters with a
certain part-numbered vertical fin vibration absorber installation
installed. This AD requires repetitive inspections of the vertical fin
vibration absorber installation and the surrounding structure and
depending on the inspection results, removing certain parts from
service. This AD also prohibits installing certain part-numbered
vertical fin vibration absorber installations on any helicopter. This
AD was prompted by a report of cracks and damage detected on the
vertical fin absorber installation and surrounding structure during
scheduled inspections. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective September 22, 2021.

ADDRESSES: For service information identified in this final rule,
contact Leonardo S.p.a. Helicopters, Emanuele Bufano, Head of
Airworthiness, Viale G.Agusta 520, 21017 C. Costa di Samarate (Va)
Italy; telephone +39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view the referenced service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0364; 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, the
European Union Aviation Safety Agency (EASA) AD, any comments received,
and other information. The street 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: Kristin Bradley, Aerospace Engineer,
General Aviation & Rotorcraft Section, International Validation Branch,
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-
5110; email<EMAIL_ADDRESS>
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 Leonardo Model A109S
and AW109SP helicopters with a vertical fin vibration absorber
installation part number (P/N) 109-B810-79-101 installed. The NPRM
published in the Federal Register on May 13, 2021 (86 FR 26198). In the
NPRM, the FAA proposed, within 30 hours time-in-service (TIS), and
thereafter at intervals not to exceed 100 hours TIS, removing the
vertical fin vibration absorber installation and, using a mirror and
light source, inspecting the rib assembly and depending on the
inspection results, removing certain parts from service. The NPRM also
proposed to require inspecting the vertical fin vibration absorber
installation for hole elongation; for fretting between the plate and
the masses, and in between the masses; for fretting on the doubler; and
the bolts for scratches and corrosion. Depending on the inspection
results, the NPRM proposed removing the vertical fin vibration absorber
installation from service. The NPRM also proposed to require, within 12
months TIS, removing the vertical fin vibration absorber installation
from service. Finally, the NPRM proposed to prohibit installing an
affected part on any helicopter, and provided a terminating action for
the 100-hour TIS repetitive inspections.
    The NPRM was prompted by EASA AD 2014-0150, dated June 18, 2014
(EASA AD 2014-0150), issued by EASA, which is the Technical Agent for
the Member States of the European Union, to correct an unsafe condition
for certain AgustaWestland S.p.A. (now Leonardo S.p.a. Helicopters)
(formerly Agusta S.p.A.) Model A109S and AW109SP helicopters with an
absorber P/N 109-B810-79-101installed. EASA advises that during a
scheduled inspection on Model A109S and AW109SP helicopters, cracks and
damage were detected on the vertical fin vibration absorber
installation and the surrounding structure. EASA stated that
investigation results determined the

cracks and damage were likely related to the design of the vertical fin
vibration absorber installation and incorrect installation.
Accordingly, EASA AD 2014-0150 required repetitive inspections and
removal of the affected part.
    After EASA AD 2014-0150 was issued, EASA determined certain
helicopters were not included in the applicability and may also be
subject to the unsafe condition. Accordingly, EASA issued EASA AD 2019-
0294, dated December 4, 2019 (EASA AD 2019-0294), which supersedes EASA
AD 2014-0150. EASA AD 2019-0294 retains the requirements of EASA AD
2014-0150 and expands the applicability, prohibits vertical fin
vibration absorber installation P/N 109-B810-79-101 from being
installed on any helicopter, and considers removal of the affected part
to constitute terminating action for the repetitive inspections. EASA
states that the unsafe condition, if not detected and corrected, could
affect the structural integrity of the helicopter.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed except for a correction to the compliance time for removing
the vertical fin vibration absorber installation from service. The NPRM
stated that removing this part from service would be required ``within
12 months TIS''; the term ``TIS'' was included in error and has been
removed. This change does not increase the economic burden on any
operator. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these helicopters.

Related Service Information

    The FAA reviewed AgustaWestland S.p.A. Bollettino Technico No.
109S-58 for Model A109S helicopters, and AgustaWestland S.p.A
Bollettino Technico No. 109SP-074 for Model AW109SP helicopters, each
dated May 7, 2014. This service information specifies instructions for
removing the vertical fin vibration absorber installation, inspecting
the rib assembly and vertical fin vibration absorber installation and
depending on the inspection results, removing certain parts from
service.

Differences Between This AD and the EASA AD

    EASA AD 2019-0294 applies to certain serial-numbered Model A109S
and AW109SP helicopters, whereas this AD applies to all serial-numbered
Model A109S and AW109SP helicopters with a certain part-numbered
vertical fin vibration absorber installation installed.

Costs of Compliance

    The FAA estimates that this AD affects 96 helicopters of U.S.
Registry and that operators may incur the following costs in order to
comply with this AD. Labor costs are estimated at $85 per work-hour.
    Removing and inspecting the vertical fin vibration absorber
installation and surrounding structure takes about 8 work-hours for an
estimated cost of $680 per helicopter per inspection cycle and $65,280
for the U.S. fleet per inspection cycle.
    Replacing the rib assembly, shim, doubler, and bracket will take
about 16 work-hours and parts will cost about $10,000 for an estimated
cost of $11,360 per helicopter.
    According to Leonardo some of the costs of this AD may be covered
under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage by Leonardo.
Accordingly, all costs are included in this cost estimate.

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 helicopters 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:

2021-16-13 Leonardo S.p.a.: Amendment 39-21675; Docket No. FAA-2021-
0364; Project Identifier MCAI-2020-00274-R.

(a) Effective Date

    This airworthiness directive (AD) is effective September 22,
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A109S helicopters and
AW109SP helicopters, certificated in any category, with vertical fin
vibration absorber installation part number (P/N) 109-B810-79-101
installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2740, Stabilizer
Control System.

(e) Unsafe Condition

    This AD defines the unsafe condition as cracks or damage on the
vertical fin vibration absorber installation and surrounding
structure. This condition could affect the

structural integrity of the helicopter and lead to subsequent loss
of control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Within 30 hours time-in-service (TIS) after the effective
date of this AD, and thereafter at intervals not to exceed 100 hours
TIS:
    (i) Remove the vertical fin vibration absorber installation P/N
109-B810-79-101, and using a mirror and light source, visually
inspect the rib assembly P/N 109-0372-53-201 for hole elongation,
fretting, and cracks. If there is any hole elongation, fretting, or
cracks, before further flight, remove rib assembly P/N 109-0372-53-
201, shim P/N 109-0372-53-211, doubler P/N 109-0372-53-213, and
bracket P/N 109-0373-02-113 from service and replace with airworthy
parts.
    (ii) Inspect the vertical fin vibration absorber installation P/
N 109-B810-79-101 for hole elongation; for fretting between the
plate and the masses and in-between the masses; for fretting on
doubler P/N 109-0372-53-213; and the bolts for scratches and
corrosion. If there is any hole elongation; fretting between the
plate and the masses or in-between the masses; fretting on doubler
P/N 109-0372-53-213; or bolts with scratches or corrosion, before
further flight, remove the vertical fin vibration absorber
installation P/N 109-B810-79-101 from service.
    (2) Within 12 months after the effective date of this AD unless
already accomplished per paragraph (g)(1)(ii) of this AD, remove the
vertical fin vibration absorber installation P/N 109-B810-79-101
from service.
    (3) As of the effective date of this AD, do not install vertical
fin vibration absorber installation P/N 109-B810-79-101 on any
helicopter.
    (4) Removing the vertical fin vibration absorber installation P/
N 109-B810-79-101 from service, as described in paragraphs
(g)(1)(ii) or (2) of this AD provides a terminating action for the
100 hour TIS repetitive inspections required by paragraph (g)(1) of
this AD.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (i)(1) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (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 Kristin Bradley,
Aerospace Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (2) The subject of this AD is addressed in European Union
Aviation Safety Agency (EASA) AD 2019-0294, dated December 4, 2019.
You may view the EASA AD on the internet at https://www.regulations.gov in Docket No. FAA-2021-0364.

    Issued on July 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-17605 Filed 8-17-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Rules and Regulations]
[Pages 70962-70964]
[FR Doc No: 2021-26964]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0795; Project Identifier 2019-CE-054-AD; Amendment
39-21837; AD 2021-24-16]
RIN 2120-AA64

Airworthiness Directives; Daher Aerospace (Type Certificate
Previously Held by SOCATA) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Daher Aerospace (type certificate previously held by SOCATA) Model TB
20 and TB 21 airplanes. This AD was prompted by mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as cracks on
the main landing gear (MLG) legs. This AD requires repetitively
inspecting the MLG and performing all applicable corrective actions.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective January 18, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 18,
2022.

ADDRESSES: For service information identified in this final rule,
contact Daher Aircraft Inc., Pompano Beach Airpark, 601 NE 10 Street,
Pompano Beach, FL 33060; phone:<PHONE_NUMBER>; website: www.tbm.aero.
You may view this service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas City,
MO 64106. 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-
0795.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0795; 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, the
MCAI, 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: Gregory Johnson, Aviation Safety
Engineer, FAA, General Aviation & Rotorcraft Section, International
Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone:
(720) 626-5462; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Daher Aerospace
(type certificate previously held by SOCATA) Model TB 20 and TB 21
airplanes. The NPRM published in the Federal Register on September 17,
2021 (86 FR 51840). The NPRM was prompted by MCAI originated by the
European Union Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union. EASA issued AD 2019-
0274, dated November 6, 2019 (referred to after this as ``the MCAI''),
to address an unsafe condition on all Daher Aerospace (formerly SOCATA)
Model TB 20 and TB 21 airplanes. The MCAI states:

    Occurrences have been reported of finding cracks on MLG legs of
TB 20 and TB 21 aeroplanes.
    This condition, if not detected and corrected, could lead to
structural failure of an MLG leg and consequent MLG collapse,
possibly resulting in damage to the aeroplane and injury to
occupants.
    To address this potential unsafe condition, DAHER Aerospace
issued the [service bulletin] SB to provide inspection instructions.
    For the reasons described above, this [EASA] AD requires
repetitive special detailed inspections (SDI) using magnetic
particle method of the affected MLG area, and, depending on
findings, accomplishment of applicable corrective action(s).

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0795.

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. This AD is adopted as proposed in the
NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Daher Aerospace Service Bulletin SB 10-154-32,
dated September 2019. The service information contains procedures for
repetitively inspecting the MLG area for cracks and performing any
rework and repair. 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 the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 52 airplanes of U.S.
registry. The FAA also estimates that it would take about 8 work-hours
per airplane to perform the magnetic particle inspection required by
this AD. The average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the inspection cost of
this AD on U.S. operators to be $35,360, or $680 per airplane, per
inspection cycle.

    In addition, the FAA estimates that any necessary rework would take
12 work-hours and require parts costing $400, for a cost of $1,420 per
airplane. The FAA has no way of determining the number of airplanes
that may need these actions. If the reworked MLG area is found damaged
during a follow-on magnetic particle inspection, because the damage may
vary considerably from airplane to airplane, the FAA has no way of
estimating this repair cost.

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 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:

2021-24-16 Daher Aeropsace (Type Certificate Previously Held by
SOCATA): Amendment 39-21837; Docket No. FAA-2021-0795; Project
Identifier 2019-CE-054-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective January 18, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Daher Aerospace (type certificate previously
held by SOCATA) Model TB 20 and TB 21 airplanes, all serial numbers,
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3200, Landing Gear
System.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as cracks on the
main landing gear (MLG) legs. The FAA is issuing this AD to prevent
structural failure of an MLG leg and consequent collapse of the MLG.
The unsafe condition, if not addressed, could result in damage to
the airplane and injury to occupants.

(f) Compliance

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

(g) Repetitive Inspections

    (1) Before the MLG exceeds 16,000 landings since first
installation on an airplane or within 200 landings after the
effective date of this AD, whichever occurs later, and thereafter at
intervals not to exceed 3,200 landings, accomplish the magnetic
particle inspection on each MLG for cracks in the left-hand and
right-hand MLG leg and take all applicable corrective actions before
further flight in accordance with the Description of Accomplishment
Instructions in Daher Aerospace Service Bulletin SB 10-154-32, dated
September 2019, except you are not required to contact the
manufacturer. Instead, repair using a method approved by the
Manager, International Validation Branch, FAA; the European Union
Aviation Safety Agency (EASA); or Daher Aerospace's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature. For a repair to be
approved as required by this paragraph, the approval letter must
specifically refer to this AD.
    (2) For the purposes of this AD, any maneuver resulting in
weight on the MLG for any duration of time after initial takeoff
counts as a landing. If the number of landings for the MLG is
unknown, multiply the number of airframe hours by a factor of 3.6
and round up to the nearest whole landing.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the certification office, send it to the
attention of the person identified in paragraph (i)(1) of this AD or
email: [email protected].
    (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 Gregory Johnson,
Aviation Safety Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301,
Kansas City, MO 64106; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD
2019-0274, dated November 6, 2019, for more information. You may
examine the EASA AD in the AD docket at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0795.

(j) 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) Daher Aerospace Service Bulletin SB 10-154-32, dated
September 2019.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact Daher
Aerospace Inc., Pompano Beach Airpark, 601 NE 10 Street, Pompano
Beach, FL 33060; phone:<PHONE_NUMBER>; website: https://www.tbm.aero.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. 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: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 17, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-26964 Filed 12-13-21; 8:45 am]
BILLING CODE 4910-13-P