[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Rules and Regulations]
[Pages 68763-68765]
[FR Doc No: 2015-28121]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31045; Amdt. No. 3668]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective November 6, 2015. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 6, 2015.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC, 20590-
0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420) Flight Technologies and Procedures
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK. 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK. 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary.
    This amendment provides the affected CFRs, and specifies the SIAPs
and

Takeoff Minimums and ODPs with their applicable effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore-- (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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC on October 23, 2015.
John Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35   [AMENDED]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

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      AIRAC date           State              City                 Airport          FDC No.      FDC date                      Subject
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10-Dec-15............  CT             New Haven...........  Tweed-New Haven.....       5/0067      10/6/15  RNAV (GPS) RWY 2, Orig-A.
10-Dec-15............  VA             Blacksburg..........  Virginia Tech/             5/0384      10/6/15  RNAV (GPS) RWY 30, Orig.
                                                             Montgomery
                                                             Executive.
10-Dec-15............  VA             Blacksburg..........  Virginia Tech/             5/0385      10/6/15  LOC/DME RWY 12, Amdt 1A.
                                                             Montgomery
                                                             Executive.
10-Dec-15............  VA             Blacksburg..........  Virginia Tech/             5/0386      10/6/15  NDB-A, Amdt 4.
                                                             Montgomery
                                                             Executive.
10-Dec-15............  SC             Loris...............  Twin City...........       5/1076      10/6/15  GPS RWY 26, Orig.
10-Dec-15............  LA             Bogalusa............  George R Carr              5/1114      10/7/15  RNAV (GPS) RWY 18, Amdt 1A.
                                                             Memorial Air Fld.
10-Dec-15............  AK             Kiana...............  Bob Baker Memorial..       5/2959     10/13/15  RNAV (GPS) RWY 24, Orig.
10-Dec-15............  AK             Kiana...............  Bob Baker Memorial..       5/2960     10/13/15  RNAV (GPS) RWY 6, Orig-A.
10-Dec-15............  AK             Wales...............  Wales...............       5/2969     10/13/15  RNAV (GPS) RWY 18, Orig-A.
10-Dec-15............  AK             Wales...............  Wales...............       5/2971     10/13/15  RNAV (GPS) RWY 36, Orig-A.
10-Dec-15............  UT             Cedar City..........  Cedar City Rgnl.....       5/3365     10/13/15  VOR RWY 20, Amdt 6B.
10-Dec-15............  KS             Topeka..............  Forbes Field........       5/4370     10/19/15  VOR/DME OR TACAN RWY 21, Amdt 7.
10-Dec-15............  KS             Topeka..............  Forbes Field........       5/4375     10/19/15  RNAV (GPS) RWY 31, Orig.
10-Dec-15............  KS             Topeka..............  Forbes Field........       5/4401     10/19/15  VOR/DME OR TACAN RWY 3, Amdt 6A.
10-Dec-15............  KS             Topeka..............  Forbes Field........       5/4402     10/19/15  RNAV (GPS) RWY 13, Orig.
10-Dec-15............  KS             Topeka..............  Forbes Field........       5/4415     10/19/15  ILS OR LOC RWY 31, Amdt 9E.
10-Dec-15............  KS             Topeka..............  Forbes Field........       5/4421     10/19/15  NDB RWY 13, Amdt 7A.
10-Dec-15............  NY             Hornell.............  Hornell Muni........       5/4602      10/6/15  RNAV (GPS) RWY 36, Orig.
10-Dec-15............  TN             Dickson.............  Dickson Muni........       5/4695     10/16/15  VOR/DME RWY 17, Amdt 4D.
10-Dec-15............  TN             Dickson.............  Dickson Muni........       5/4696     10/16/15  NDB RWY 17, Amdt 2C.

10-Dec-15............  NY             New York............  John F Kennedy Intl.       5/5037     10/16/15  COPTER RNAV (GPS) 028, Orig-A.
10-Dec-15............  WI             Appleton............  Outagamie County           5/6204      10/6/15  Takeoff Minimums and (Obstacle) DP, Orig.
                                                             Rgnl.
10-Dec-15............  WV             Moundsville.........  Marshall County.....       5/6267     10/16/15  RNAV (GPS) RWY 24, Orig.
10-Dec-15............  WV             Moundsville.........  Marshall County.....       5/6268     10/16/15  RNAV (GPS) RWY 6, Orig-A.
10-Dec-15............  WV             Moundsville.........  Marshall County.....       5/6269     10/16/15  VOR/DME-A, Amdt 2.
10-Dec-15............  AK             Atqasuk.............  Atqasuk Edward             5/6532     10/13/15  RNAV (GPS) RWY 24, Amdt 1.
                                                             Burnell Sr Memorial.
10-Dec-15............  AK             Atqasuk.............  Atqasuk Edward             5/6533     10/13/15  NDB RWY 6, Amdt 2A.
                                                             Burnell Sr Memorial.
10-Dec-15............  AK             Atqasuk.............  Atqasuk Edward             5/6534     10/13/15  RNAV (GPS) RWY 6, Amdt 1.
                                                             Burnell Sr Memorial.
10-Dec-15............  SC             Greenwood...........  Greenwood County....       5/6959      10/6/15  NDB OR GPS RWY 27, Amdt 1A.
10-Dec-15............  SC             Hilton Head Island..  Hilton Head.........       5/7041     10/16/15  VOR/DME A, Amdt 10.
10-Dec-15............  SC             Hilton Head Island..  Hilton Head.........       5/7043     10/16/15  RNAV (GPS) RWY 3, Orig.
10-Dec-15............  SC             Hilton Head Island..  Hilton Head.........       5/7044     10/16/15  RNAV (GPS) RWY 21, Orig.
10-Dec-15............  NY             Glens Falls.........  Floyd Bennett              5/7078      10/6/15  RNAV (GPS) RWY 30, Orig-A.
                                                             Memorial.
10-Dec-15............  NY             Glens Falls.........  Floyd Bennett              5/7079      10/6/15  RNAV (GPS) RWY 19, Amdt 1.
                                                             Memorial.
10-Dec-15............  NY             Glens Falls.........  Floyd Bennett              5/7080      10/6/15  ILS OR LOC RWY 1, Amdt 4.
                                                             Memorial.
10-Dec-15............  NY             Glens Falls.........  Floyd Bennett              5/7081      10/6/15  RNAV (GPS) RWY 12, Orig.
                                                             Memorial.
10-Dec-15............  NY             Glens Falls.........  Floyd Bennett              5/7082      10/6/15  RNAV (GPS) RWY 1, Amdt 1.
                                                             Memorial.
10-Dec-15............  AK             Tok.................  Tok Junction........       5/7135     10/13/15  RNAV (GPS)-A, Orig-A.
10-Dec-15............  AK             Tok.................  Tok Junction........       5/7136     10/13/15  RNAV (GPS) RWY 7, Orig-A.
10-Dec-15............  MN             Marshall............  Southwest Minnesota        5/7677      10/6/15  Takeoff Minimums and (Obstacle) DP, Amdt 2.
                                                             Rgnl Marshall/Ryan
                                                             Fld.
10-Dec-15............  NY             Oneonta.............  Oneonta Muni........       5/7752     10/16/15  LOC RWY 24, Amdt 2B.
10-Dec-15............  NY             Oneonta.............  Oneonta Muni........       5/7753     10/16/15  RNAV (GPS) RWY 24, Orig-A.
10-Dec-15............  PA             Altoona.............  Altoona-Blair County       5/7925     10/19/15  VOR-A, Amdt 5A.
10-Dec-15............  AK             Coldfoot............  Coldfoot............       5/8238     10/13/15  RNAV (GPS) RWY 1, Amdt 1B.
10-Dec-15............  AK             Coldfoot............  Coldfoot............       5/8239     10/13/15  RNAV (GPS)-A, Orig-B.
10-Dec-15............  MI             Detroit.............  Coleman A Young Muni       5/8400      10/6/15  ILS OR LOC RWY 33, Amdt 14B.
10-Dec-15............  MN             Windom..............  Windom Muni.........       5/8581      10/6/15  RNAV (GPS) RWY 35, Orig.
10-Dec-15............  AR             Magnolia............  Magnolia Muni.......       5/9813      10/6/15  Takeoff Minimums and (Obstacle) DP, Amdt 1.
10-Dec-15............  KS             Junction City.......  Freeman Field.......       5/9816      10/6/15  Takeoff Minimums and (Obstacle) DP, Amdt 2.
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[FR Doc. 2015-28121 Filed 11-5-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Proposed Rules]
[Pages 89035-89036]
[FR Doc No: 2016-29441]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 97

[FRL-9956-22-OAR]

Allocations of Cross-State Air Pollution Rule Allowances From New
Unit Set-Asides for 2016 Control Periods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA).

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice
of the availability of preliminary lists of units eligible for
allocations of emission allowances under the Cross-State Air Pollution
Rule (CSAPR). Under the CSAPR federal implementation plans (FIPs),
portions of each covered state's annual emissions budgets for each of
the CSAPR emissions trading programs are reserved for allocation to
electricity generating units that commenced commercial operation on or
after a certain date (new units) and certain other units not otherwise
obtaining allowance allocations under the FIPs. The quantities of
allowances allocated to eligible units from each new unit set-aside
(NUSA) under the FIPs are calculated in an annual one- or two-round
allocation process. EPA previously completed the first round of NUSA
allowance allocations for the 2016 control periods for all the CSAPR
trading programs, as well as the second round of allocations for the
CSAPR NOX Ozone Season Trading Program, and is now making
available preliminary lists of units eligible for allocations in the
second round of the NUSA allocation process for the CSAPR
NOX Annual, SO2 Group 1, and SO2 Group
2 Trading Programs. EPA has posted spreadsheets containing the
preliminary lists on EPA's Web site. EPA will consider timely
objections to the lists of eligible units contained in the spreadsheets
and will promulgate a document responding to any such objections no
later than February 15, 2017, the deadline for recording the second-
round allocations of CSAPR NOX Annual, SO2 Group
1, and SO2 Group 2 allowances in sources' compliance
accounts. This document may concern CSAPR-affected units in the
following states: Alabama, Georgia, Illinois, Indiana, Iowa, Kansas,
Kentucky, Maryland, Michigan, Minnesota, Missouri, Nebraska, New
Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina,
Tennessee, Texas, Virginia, West Virginia, and Wisconsin.

DATES: Objections to the information referenced in this document must
be received on or before January 9, 2017.

ADDRESSES: Submit your objections via email to<EMAIL_ADDRESS>
Include ``2016 NUSA allocations'' in the email subject line and include
your name, title, affiliation, address, phone number, and email address
in the body of the email.

FOR FURTHER INFORMATION CONTACT: Questions concerning this action
should be addressed to Robert Miller at<PHONE_NUMBER> or
<EMAIL_ADDRESS>or Kenon Smith at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the CSAPR FIPs, the mechanisms by
which initial allocations of emission allowances are determined differ
for ``existing'' and ``new'' units. For ``existing'' units--that is,
units commencing commercial operation before January 1, 2010 for
purposes of the original four \1\ CSAPR trading programs--the specific
amounts of CSAPR FIP allowance allocations for all control periods have
been established through rulemaking. EPA has announced the availability
of spreadsheets showing the CSAPR FIP allowance allocations to existing
units in previous document.\2\
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    \1\ In the recently finalized Cross-State Air Pollution Rule
Update for the 2008 Ozone NAAQS (CSAPR Update Rule), 81 FR 74504
(October 26, 2016), EPA is establishing new or modified FIP
requirements for EGUs in 22 states to address transported pollution
with regard to the 2008 ozone NAAQS, including requirements to
participate in a new fifth CSAPR trading program--the CSAPR
NOX Ozone Season Group 2 Trading Program--for emissions
occurring in 2017 and later years. In the same rule, EPA is also
withdrawing the FIP provisions requiring EGUs in 24 states to
participate in the existing trading program addressing transported
pollution with regard to the 1997 ozone NAAQS for emissions
occurring after 2016. (When the CSAPR Update rule takes effect in
December 2016, the existing ozone season program will be renamed the
CSAPR NOX Ozone Season Group 1 Trading Program.) The 2016
allowance allocations described in this document concern the CSAPR
annual trading programs and are not affected by the CSAPR Update
Rule.
    \2\ The latest spreadsheet of CSAPR FIP allowance allocations to
existing units covered by CSAPR NOX Annual,
SO2 Group 1, and SO2 Group 2 Trading Programs,
updated in 2014 to reflect changes to CSAPR's implementation
schedule but with allocation amounts unchanged since June 2012, is
available at https://www.epa.gov/csapr/date-change-affirmation-rules-cross-state-air-pollution-rule-csapr under the ``Notice of
Data Availability'' header. See Availability of Data on Allocations
of Cross-State Air Pollution Rule Allowances to Existing Electricity
Generating Units, 79 FR 71674 (December 3, 2014).
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    ``New'' units--that is, units commencing commercial operation on or
after January 1, 2010 for purposes of the original four CSAPR trading
programs--as well as certain older units that would not otherwise
obtain FIP allowance allocations do not have pre-established allowance
allocations. Instead, the CSAPR FIPs reserve a portion of each state's
total annual emissions budget for each CSAPR emissions trading program
as a new unit set-aside (NUSA) \3\ and establish an annual process for
allocating NUSA allowances to eligible units. States with Indian
country within their borders have separate Indian country NUSAs. The
annual process for allocating allowances from the NUSAs and Indian
country NUSAs to eligible units is set forth in the CSAPR regulations
at 40 CFR 97.411(b) and 97.412 (NOX Annual Trading Program),
97.511(b) and 97.512 (NOX Ozone Season Trading Program),
97.611(b) and 97.612 (SO2 Group 1 Trading Program), and
97.711(b) and 97.712 (SO2 Group 2 Trading Program). Each
NUSA allowance allocation process involves up to two rounds of
allocations to new units followed by the allocation to existing units
of any allowances not allocated to new units. EPA provides public
notice at certain points in the process.
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    \3\ The NUSA amounts range from two percent to eight percent of
the respective state budgets. The variation in percentages reflects
differences among states in the quantities of emission allowances
projected to be required by known new units at the time the budgets
were set or amended.
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    EPA has already completed the first round of allocations of 2016
NUSA allowances for all the CSAPR trading programs, as well as the
second round of 2016 NUSA allocations to units subject to the CSAPR
Ozone Season Trading Program, as announced in documents previously
published in the Federal Register.\4\ The first and second-round NUSA
allocation process was discussed in those previous documents. This
document concerns the second round of NUSA allowance allocations for
the CSAPR NOx Annual, SO2 Group 1, and SO2 Group
2 Trading Programs for the 2016 control period.\5\
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    \4\ 81 FR 33636 (May 27, 2016); 81 FR 50630 (August 2, 2016); 81
FR 63156 (September 14, 2016); 81 FR 80593 (November 16, 2016).
    \5\ At this time, EPA is not aware of any unit eligible for a
second-round allocation from any Indian country NUSA.
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    The units eligible to receive second-round NUSA allocations for the
CSAPR NOX Annual, SO2 Group 1, and SO2
Group 2 Trading Programs are defined in Sec. Sec.  97.411(b)(1)(iii)
and 97.412(a)(9)(i), 97.611(b)(1)(iii) and 97.612(a)(9)(i), and
97.711(b)(1)(iii) and 97.712(a)(9)(i), respectively. Generally,
eligible units include any CSAPR-affected unit that commenced
commercial operation between January 1 of the year before the control
period in question and November 30 of the year of the control period in
question. In the case of the

2016 control period, an eligible unit therefore must have commenced
commercial operation between January 1, 2015 and November 30, 2016
(inclusive).
    The total quantity of allowances to be allocated through the 2016
NUSA allowance allocation process for each state and emissions trading
program--in the two rounds of the allocation process combined--is
generally the state's 2016 emissions budget less the sum of (1) the
total of the 2016 CSAPR FIP allowance allocations to existing units and
(2) the amount of the 2016 Indian country NUSA, if any.\6\ The amounts
of CSAPR NOX Annual, SO2 Group 1, and
SO2 Group 2 NUSA allowances may be increased in certain
circumstances as set forth in Sec. Sec.  97.412(a)(2), 97.612(a)(2),
and 97.712(a)(2), respectively.
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    \6\ The quantities of allowances to be allocated through the
NUSA allowance allocation process may differ slightly from the NUSA
amounts set forth in Sec. Sec.  97.410(a), 97.510(a), 97.610(a), and
97.710(a) because of rounding in the spreadsheet of CSAPR FIP
allowance allocations to existing units.
---------------------------------------------------------------------------

    Second-round NUSA allocations for a given state, trading program,
and control period are made only if the NUSA contains allowances after
completion of the first-round allocations.
    The amounts of second-round allocations of CSAPR NOX
Annual, SO2 Group 1, and SO2 Group 2 allowances
to eligible new units from each NUSA are calculated according to the
procedures set forth in Sec. Sec.  97.412(a)(9), (10) and (12),
97.612(a)(9), (10), and (12), and 97.712(a)(9), (10), and (12),
respectively. Generally, the procedures call for each eligible unit to
receive a second-round 2016 NUSA allocation equal to the positive
difference, if any, between its emissions during the 2016 annual
control periods (i.e., January 1, 2016 through December 31, 2016) as
reported under 40 CFR part 75 and any first-round allocation the unit
received, unless the total of such allocations to all eligible units
would exceed the amount of allowances in the NUSA, in which case the
allocations are reduced on a pro-rata basis.
    Any allowances remaining in the CSAPR NOX Annual,
SO2 Group 1, or SO2 Group 2 NUSA for a given
state and control period after the second round of NUSA allocations to
new units will be allocated to the existing units in the state
according to the procedures set forth in Sec. Sec.  97.412(a)(10) and
(12), 97.612(a)(10) and (12), and 97.712(a)(10) and (12), respectively.
    EPA notes that an allocation or lack of allocation of allowances to
a given EGU does not constitute a determination that CSAPR does or does
not apply to the EGU. EPA also notes that allocations are subject to
potential correction if a unit to which NUSA allowances have been
allocated for a given control period is not actually an affected unit
as of the start of that control period.\7\
---------------------------------------------------------------------------

    \7\ See 40 CFR 97.411(c), 97.611(c), and 97.711(c).
---------------------------------------------------------------------------

    The preliminary lists of units eligible for second-round 2016 NUSA
allowance allocations for the three CSAPR annual trading programs are
set forth in Excel spreadsheets titled
``CSAPR_NUSA_2016_NOX_Annual_2nd_Round_Prelim_Data,''
``CSAPR_NUSA_2016_SO2_Group_1_2nd_Round_Prelim_Data,'' and
``CSAPR_NUSA_2016_SO2_Group_2_2nd_Round_Prelim_Data''
available on EPA's Web site at https://www.epa.gov/csapr/csapr-compliance-year-2016-nusa-nodas. Each spreadsheet contains a separate
worksheet for each state covered by that program showing each unit
preliminarily identified as eligible for a second-round NUSA
allocation.
    Each state worksheet also contains a summary showing (1) the
quantity of allowances initially available in that state's 2016 NUSA,
(2) the sum of the 2016 NUSA allowance allocations that were made in
the first-round to new units in that state (if any), and (3) the
quantity of allowances in the 2016 NUSA available for distribution in
second-round allocations to new units (or ultimately for allocation to
existing units).
    Objections should be strictly limited to whether EPA has correctly
identified the new units eligible for second-round 2016 NUSA
allocations of CSAPR NOX Annual, SO2 Group 1, and
SO2 Group 2 allowances according to the criteria described
above and should be emailed to the address identified in ADDRESSES.
Objections must include: (1) Precise identification of the specific
data the commenter believes are inaccurate, (2) new proposed data upon
which the commenter believes EPA should rely instead, and (3) the
reasons why EPA should rely on the commenter's proposed data and not
the data referenced in this document.

    Authority: 40 CFR 97.411(b), 97.611(b), and 97.711(b).

    Dated: December 1, 2016.
Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs,
Office of Air and Radiation.
[FR Doc. 2016-29441 Filed 12-8-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Proposed Rules]
[Pages 31758-31762]
[FR Doc No: 2012-13028]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0856; Directorate Identifier 2010-NM-117-AD]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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

SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain the Boeing Company Model 737-600, -700, -700C, -800,
and -900 series airplanes. That NPRM proposed to inspect for part
numbers of the operational program software of the flight control
computers, and corrective actions if necessary. That NPRM was prompted
by reports of undetected erroneous output from a single radio altimeter
channel, which resulted in premature autothrottle retard during
approach. This action revises that NPRM by also proposing to supersede
an existing AD. We are proposing this supplemental NPRM to detect and
correct an unsafe condition associated with erroneous output from a
radio altimeter channel, which could result in premature autothrottle
landing flare retard and the loss of automatic speed control, and
consequent loss of control of the airplane. Since the proposal to now
supersede an existing AD may impose an additional burden over that
proposed in the NPRM, we are reopening the comment period to allow the
public the chance to comment on this proposed change.

DATES: We must receive comments on this supplemental NPRM by July 16,
2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Gregg Nesemeier, Senior Aerospace
Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0856;
Directorate Identifier 2010-NM-117-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each

substantive verbal contact we receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an AD that
would apply to certain the Boeing Company Model 737-600, -700, -700C, -
800, and -900 series airplanes. That NPRM was published in the Federal
Register on September 23, 2010 (75 FR 57885). That NPRM proposed to
require inspecting for part numbers of the operational program software
(OPS) of the flight control computers (FCC), and doing corrective
actions if necessary.

Actions Since Previous NPRM (75 FR 57885, September 23, 2010) Was
Issued

    Since we issued the previous NPRM (75 FR 57885, September 23,
2010), we have determined that the software installation required by AD
2005-07-20, Amendment 39-14045 (70 FR 17603, April 7, 2005), is out of
date and new software would be required by this supplemental NPRM.

Comments

    We gave the public the opportunity to comment on the previous NPRM
(75 FR 57885, September 23, 2010). The following presents the comments
received on the previous NPRM and the FAA's response to each comment.

Support for the Previous NPRM (75 FR 57885, September 23, 2010)

    The Airline Pilots Association, International (ALPA) supports the
NPRM (75 FR 57885, September 23, 2010).

Request To Supersede Previous AD

    Continental Airlines (Continental) requested that we revise the
NPRM (75 FR 57885, September 23, 2010) to supersede AD 2005-07-20,
Amendment 39-14045 (70 FR 17603, April 7, 2005). Continental explained
that this would allow the new AD to be accomplished without needing an
alternative method of compliance (AMOC) for AD 2005-07-20, which also
applied to Model B737 FCC OPS.
    Alaska Airlines (Alaska) also requested that we revise paragraph
(b) of the NPRM (75 FR 57885, September 23, 2010) to include a
reference to AD 2005-07-20, Amendment 39-14045 (70 FR 17603, April 7,
2005), which installed a previous version of FCC software. Alaska
explained that we should consider whether AD 2005-07-20 should be
superseded by the NPRM.
    We agree to revise the NPRM (75 FR 57885, September 23, 2010) by
proposing in this supplemental NPRM to supersede AD 2005-07-20,
Amendment 39-14045 (70 FR 17603, April 7, 2005). AD 2005-07-20, for
certain Model 737-600, -700, -800, and -900 series airplanes, requires
installing and testing a certain version of OPS for the FCC. However,
AD 2005-07-20 requires installation of an older version of the OPS for
the FCC than what this supplemental NPRM would require. We have
verified with the manufacturer that the software specified in Boeing
Alert Service Bulletin 737-22A1211, dated April 13, 2010, provides
appropriate corrective actions for the unsafe condition identified for
the software identified in AD 2005-07-20. We have revised this
supplemental NPRM in order to supersede AD 2005-07-20. We have also
added paragraph (i)(3) of this supplemental NPRM to give credit for
existing AMOCs.

Request To Revise Applicability Section

    Continental requested that we revise the NPRM (75 FR 57885,
September 23, 2010) by changing the Applicability section so that the
NPRM only applies to airplanes with the earlier software. Continental
explained that it has determined that the software required to be
installed per Boeing Alert Service Bulletin 737-22A1211, dated April
13, 2010, is a later version than required to be installed by AD 2005-
07-20, Amendment 39-14045 (70 FR 17603, April 7, 2005), per Boeing
Alert Service Bulletin 737-22A1164, dated May 20, 2004. Continental
expressed that later versions of software always seem to be an issue
and require an AMOC. Continental stated that to eliminate this issue,
we could either allow later software versions or revise the
applicability so that it only applies to airplanes with the earlier
software installed. Continental suggested that we revise the
Applicability section of the NPRM to include the phrase, ``with Flight
Control Computers (FCC) Operational Program Software (OPS) 2271-COL-
AC1-02, 2270-COL-AC1-03, or 2277-COL-AC1-04 installed.'' Continental
also contacted the FAA regarding its comment and provided examples of
other AD applicabilities that might be used for this NPRM.
    Alaska also requested that we revise the Applicability section of
the NPRM (75 FR 57885, September 23, 2010) to exclude airplanes which
had FCC software installed per an AMOC to AD 2005-07-20, Amendment 39-
14045 (70 FR 17603, April 7, 2005). Alaska explained that this AMOC to
AD 2005-07-20 approved the same FCC software specified in the NPRM,
i.e., FCC software 2276-COL-AC1-05 or 2275-COL-AC1-06.
    We do not agree to revise the Applicability section of this
supplemental NPRM to limit it to only airplanes with certain FCC
software versions installed. The intent of this supplemental NPRM is to
ensure that the proper software is installed on all airplanes listed in
the variable number table in Section 1.A., Effectivity, of Boeing Alert
Service Bulletin 737-22A1211, dated April 13, 2010. If the required
software is found to already be installed by performing the software
part number inspection specified in Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010, then no more work is necessary. We have
not changed the supplemental NPRM in this regard.
    However, we do agree to revise this supplemental NPRM to allow for
installation of versions of the FCC software that are approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) after the issuance of Boeing Alert Service Bulletin 737-22A1211,
dated April 13, 2010. We have revised paragraph (h)(1) of this
supplemental NPRM accordingly. We have also clarified paragraph (h)(1)
of this supplemental NPRM by referring to table 2 of that service
bulletin for the improved software.
    We agree to revise the Applicability section (paragraph (c)) of
this supplemental NPRM for clarity by referring to the airplanes
identified in the variable number table in Section 1.A., Effectivity,
of Boeing Alert Service Bulletin 737-22A1211, dated April 13, 2010. We
intend that this supplemental NPRM is applicable to all airplanes
having variable numbers identified in that table, and that the
applicability not be defined by the ``Group 1'' description in section
1.A. of Boeing Alert Service Bulletin 737-22A1211, dated April 13,
2010. We find that the effectivity by variable number in Boeing Alert
Service Bulletin 737-22A1211, dated April 13, 2010, adequately
identifies the airplanes affected by the unsafe condition and assures
that the unsafe condition is corrected on affected airplanes. We have
revised the Applicability section in this supplemental NPRM
accordingly.

Request To Include a Terminating Action

    Continental requested that we revise the NPRM (75 FR 57885,
September 23, 2010) to include a note that states: ``Validation by an
operator that aircraft that have had part number (P/N) 831-5854-150
software loaded into their P/N 822-1604-101 or -151 Flight Control
Computers in accordance with Boeing Service Letter 737-SL-22-059

constitutes a terminating action for this AD.'' Continental reasoned
that Boeing Service Letter 737-SL-22-059 was issued June 29, 2007, and
that the letter advises operators that they can load software P/N 2275-
COL-AC1-06 (Diskette Set Collins P/N 831-5854-150) into P/N 822-1604-
101 and -151 FCCs. Continental explained that the software is listed in
table 2 of Boeing Alert Service Bulletin 737-22A1211, dated April 13,
2010.
    We disagree to include the note requested by the commenter. We
intend that the applicability of the supplemental NPRM includes all
airplanes identified in the variable number table in Section 1.A,
Effectivity, of Boeing Alert Service Bulletin 737-22A1211, dated April
13, 2010. Boeing Alert Service Bulletin 737-22A1211, dated April 13,
2010, requires that operators inspect the FCC OPS part numbers, and
that if the software part number installed is listed in table 2 of that
service bulletin (which includes P/N 831-5854-150, as the commenter
stated), no more work is necessary. Compliance with the requirements of
paragraph (h) of the supplemental NPRM is then complete. However, if
the operator finds that a software part number listed in table 2 of
that service bulletin is not installed, they must install new software.
We have revised the AD applicability in paragraph (c) of this
supplemental NPRM to more clearly define the affected airplanes. We
have not otherwise changed the AD in this regard.

Request To Include Certain Airplanes

    Boeing requested that we revise the Summary section and the
Applicability section of the NPRM (75 FR 57885, September 23, 2010) to
include the phrase, ``airplanes delivered with the Collins Enhanced
Digital Flight Control System (EDFCS).'' Boeing reasoned that the NPRM
is only applicable to that portion of the Model 737-600, -700, -700C, -
800, and -900 series airplane fleet delivered with the Collins EDFCS
installed at delivery.
    We agree to revise this supplemental NPRM to include the phrase
requested by Boeing, although we will use the full company name of the
equipment supplier (``Rockwell Collins''). This revision may make it
easier for operators to quickly determine whether or not this AD is
applicable to their airplanes. Since the effectivity of Boeing Alert
Service Bulletin 737-22A1211, dated April 13, 2010, is limited to
airplanes equipped with the Rockwell Collins EDFCS, this change will
have no actual effect on the AD applicability. We have revised the
Applicability section of the supplemental NPRM accordingly.

Request To Rephrase the Unsafe Condition

    Boeing requested that we revise the NPRM (75 FR 57885, September
23, 2010) by removing the words ``and correct'' from the phrase
``detect and correct''. Boeing explained that the software change
described in Boeing Alert Service Bulletin 737-22A1211, dated April 13,
2010, does not ``correct'' erroneous radio altimeter outputs--it only
``detects'' them and inhibits the autothrottle landing flare retard
mode.
    We partially agree to revise the phrasing of the unsafe condition
in the supplemental NPRM. The software change described in Boeing Alert
Service Bulletin 737-22A1211, dated April 13, 2010, enables the
airplane systems to detect erroneous output from a radio altimeter
channel and correct improper autothrottle system response to that
erroneous output. While we disagree to completely remove the phrase
``and correct'' from the unsafe condition statement, we have revised
the unsafe condition phrasing accordingly throughout the supplemental
NPRM.

Request To Change Phrasing Regarding Crew Response

    Boeing requested that we revise the NPRM (75 FR 57885, September
23, 2010) by adding the phrase, ``absent proper crew response,'' to the
following sentence throughout the NPRM, as such: ``We are proposing
this AD to detect erroneous output from a radio altimeter channel,
which, absent proper crew response, could result in premature
autothrottle landing flare retard and the loss of automatic speed
control, and may lead to loss of control of the airplane.'' Boeing
explained that this sentence should directly reflect the fact that
proper crew response can avoid any of the listed contingencies.
    We disagree to revise this supplemental NPRM to include the phrase
requested by Boeing. We do not have information at this time that
confirms Boeing's comment. We have not changed the AD in this regard.

Request To Clarify the Applicability

    Alaska requested that we clarify the applicability of the NPRM (75
FR 57885, September 23, 2010). Alaska explained that the effectivity
section of Boeing Alert Service Bulletin 737-22A1211, dated April 13,
2010, could be interpreted to mean that airplanes with FCC software
2276-COL-AC1-05 or 2275-COL-AC1-06 installed did not require
accomplishment of Boeing Alert Service Bulletin 737-22A1211, dated
April 13, 2010, while the accomplishment section of Boeing Alert
Service Bulletin 737-22A1211, dated April 13, 2010, could be
interpreted to require that airplanes be inspected to verify that the
correct software version is installed.
    We agree to clarify the applicability of this supplemental NPRM,
which includes all airplanes identified in the airplane variable number
table in Section 1.A of Boeing Alert Service Bulletin 737-22A1211,
dated April 13, 2010. The applicability of this supplemental NPRM is
not defined by the ``Group 1'' description in that section of that
service bulletin. We have revised paragraph (c) of this supplemental
NPRM for clarity by referring to the variable number table. We have
also added Note 1 to paragraph (c) of this supplemental NPRM.

Request To Use the Latest Revision of the Service Information

    Alaska requested that we revise the NPRM (75 FR 57885, September
23, 2010) to refer to the latest service information, if a later
revision is issued. Alaska noted that ``computer'' is misspelled in the
effectivity section of Boeing Alert Service Bulletin 737-22A1211, dated
April 13, 2010.
    We acknowledge that ``computer'' is misspelled in the effectivity
section of Boeing Alert Service Bulletin 737-22A1211, dated April 13,
2010. However, this typo does not affect the applicability of this
supplemental NPRM. Also, we have not received any revised service
information; Boeing Alert Service Bulletin 737-22A1211, dated April 13,
2010, is the latest service information. Therefore, we have not changed
this supplemental NPRM in this regard.

Request To Correct Effectivity Between Service Information

    Continental requested that we acknowledge that the effectivity
between the service information in AD 2005-07-20, Amendment 39-14045
(70 FR 17603, April 7, 2005), and Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010, is different.
    We agree that the effectivities of Boeing Alert Service Bulletin
737-22A1164, dated May 20, 2004, and Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010; are different. (Boeing Alert Service
Bulletin 737-22A1164, dated May 20, 2004, is the appropriate source of
service information for AD 2005-07-20, Amendment 39-14045 (70 FR 17603,
April 7, 2005). However, we have verified that all airplanes in the

effectivity of Boeing Alert Service Bulletin 737-22A1164, dated May 20,
2004, are also listed in the effectivity of Boeing Alert Service
Bulletin 737-22A1211, dated April 13, 2010. Boeing Alert Service
Bulletin 737-22A1211, dated April 13, 2010, is applicable to a larger
group of airplanes than Boeing Alert Service Bulletin 737-22A1164,
dated May 20, 2004. Therefore, we have not changed the supplemental
NPRM in this regard.

Special Flight Permit Paragraph

    We have removed paragraph (h) of the NPRM (75 FR 57885, September
23, 2010) from this supplemental NPRM. Paragraph (h) of the NPRM
prohibited special flight permits. We have determined that special
flight permits are allowed, as described in Section 21.197 and Section
21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199).

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of these
same type designs. Certain changes described above expand the scope of
the original NPRM (75 FR 57885, September 23, 2010). As a result, we
have determined that it is necessary to reopen the comment period to
provide additional opportunity for the public to comment on this
supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions
specified in the service information described previously.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2005-07-20,
Amendment 39-14045 (70 FR 17603, April 7, 2005). Since AD 2005-07-20
was issued, the AD format has been revised, and certain paragraphs have
been rearranged. As a result, the corresponding paragraph identifiers
have changed in this proposed AD, as listed in the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
   Requirement in AD 2005-07-20,
  Amendment 39-14045 (70 FR 17603,    Corresponding requirement in this
           April 7, 2005)                        proposed AD
------------------------------------------------------------------------
          paragraph (f)                        paragraph (g)
------------------------------------------------------------------------

Costs of Compliance

    We estimate that this proposed AD affects 207 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                      Labor cost         Parts cost       Cost per product       operators
----------------------------------------------------------------------------------------------------------------
Installation [retained actions      2 work-hours x $85                 $0  $170                          $35,190
 from existing AD 2005-07-20,        per hour = $170.
 Amendment 39-14045 (70 FR 17603,
 April 7, 2005].
Inspection........................  1 work-hour x $85 per             N/A  $85 per inspection             17,595
                                     hour = $85.                            cycle
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary installations
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
this installation:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Installation.................................  1 work-hour x $85 per hour =                 $0              $85
                                                $85.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our 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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 2005-07-20, Amendment 39-14045 (70 FR 17603, April 7, 2005), and
adding the following new AD.

The Boeing Company: Docket No. FAA-2010-0856; Directorate Identifier
2010-NM-117-AD.

(a) Comments Due Date

    We must receive comments by July 16, 2012.

(b) Affected ADs

    This AD supersedes AD 2005-07-20, Amendment 39-14045 (70 FR
17603, April 7, 2005).

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes, delivered with the Rockwell
Collins Enhanced Digital Flight Control System (EDFCS), certificated
in any category; as identified in the Variable Number table in
Section 1.A., Effectivity, of Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010.

    Note 1 to paragraph (c) of this AD:  This AD is applicable to
all airplanes listed in the Variable Number table, and is not
defined by the ``Group 1'' description in Section 1.A. of Boeing
Alert Service Bulletin 737-22A1211, dated April 13, 2010.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 22, Auto Flight.

(e) Unsafe Condition

    This AD was prompted by reports of undetected erroneous output
from a single radio altimeter channel, which resulted in premature
autothrottle retard during approach. We are issuing this AD to
detect and correct an unsafe condition associated with erroneous
output from a radio altimeter channel, which could result in
premature autothrottle landing flare retard and the loss of
automatic speed control, and consequent loss of control of the
airplane.

(f) Compliance

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

(g) Retained Actions With No Changes

    This paragraph restates the actions required by paragraph (f) of
AD 2005-07-20, Amendment 39-14045 (70 FR 17603, April 7, 2005). For
airplanes identified in Boeing Alert Service Bulletin 737-22A1164,
dated May 20, 2004: Within 12 months after May 12, 2005 (the
effective date of AD 2005-07-20, Amendment 39-14045 (70 FR 17603,
April 7, 2005)), install and test an updated version of the
operational program software (OPS) of the EDFCS flight control
computers (FCCs), in accordance with Boeing Alert Service Bulletin
737-22A1164, dated May 20, 2004.

(h) New Requirements

    Within 3 months after the effective date of this AD: Inspect to
determine the part number of the OPS of the FCCs, in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-22A1211, dated April 13, 2010. Installing software as required
by paragraph (h)(1) of this AD, or verifying that the software is
installed as specified by paragraph (h)(2) of this AD, terminates
the requirements of paragraph (g) of this AD.
    (1) For any OPS having a part number identified in table 1 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-22A1211, dated April 13, 2010: Before further flight, install
software specified in table 2 of Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010, or install software that is approved
by the Boeing Commercial Airplanes Organization Designation
Authorization (ODA) after April 13, 2010, that is fully
interchangeable with the software specified in table 2 of Boeing
Alert Service Bulletin 737-22A1211, dated April 13, 2010. Do the
installation in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-22A1211, dated April 13, 2010.
    (2) For any OPS having a part number identified in table 2 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-22A1211, dated April 13, 2010: No further action is required by
this paragraph.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in the Related Information
section 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.
    (3) AMOCs approved previously in accordance with AD 2005-07-20,
Amendment 39-14045 (70 FR 17603, April 7, 2005), are approved as
AMOCs for the corresponding provisions of this AD.

(j) Related Information

    (1) For more information about this AD, contact Gregg Nesemeier,
Senior Aerospace Engineer, Systems and Equipment Branch, ANM-130S,
FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue
SW., Renton, Washington 98057-3356; phone:<PHONE_NUMBER>; fax:
(425) 917-6590; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington 98057-3356. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 21, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-13028 Filed 5-29-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Rules and Regulations]
[Pages 27264-27268]
[FR Doc No: 2021-10607]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0568; Project Identifier 2019-NE-20-AD; Amendment
39-21542; AD 2021-10-09]
RIN 2120-AA64

Airworthiness Directives; CFM International, S.A. Turbofan
Engines

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
CFM International, S.A. (CFM) CFM56-5B and CFM56-7B model turbofan
engines with a certain high-pressure turbine (HPT) inner stationary
seal installed. This AD was prompted by cracks found in the rotating
air HPT front seal. This AD requires removal, inspection, and
replacement of the affected HPT inner stationary seal and, depending on
the findings, replacement of the rotating air HPT front seal, HPT rotor
blades, and No. 3 ball bearing. The FAA is issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective June 24, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 24,
2021.

ADDRESSES: For service information identified in this final rule,
contact CFM International Inc., Aviation Operations Center, 1 Neumann
Way, M/D Room 285, Cincinnati, OH 45125; phone:<PHONE_NUMBER>; fax:
(877) 432-3329; email<EMAIL_ADDRESS>You may view this
service information at the FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803.
For information on the availability of this material at the FAA, call
(781) 238-7759. It is also available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0568.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0568; 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: Christopher McGuire, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; 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 all CFM CFM56-5B and
CFM56-7B model turbofan engines with a certain HPT inner stationary
seal installed. The NPRM published in the Federal Register on September
20, 2019 (84 FR 49487). The NPRM was prompted by a report that two
cracks were discovered on a CFM CFM56-5B model turbofan engine rotating
air HPT front seal during a routine engine shop visit. After
investigation, CFM determined that the HPT inner stationary seal, part
number 1808M56G01, may not have received the correct braze heat treat
cycle at the time of the honeycomb replacement. As a result, the
affected HPT inner stationary seal could lead to a localized separation
of the replaced honeycomb, which may reduce the life of the rotating
air HPT front seal. In the NPRM, the FAA proposed to require removal,
inspection, and replacement of the affected HPT inner stationary seal
and, depending on the findings, replacement of the rotating air HPT
front seal, HPT rotor blades, and No. 3 ball bearing. The FAA is
issuing this AD

to address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from nine commenters. The commenters were
Air Line Pilots Association, International (ALPA); American Airlines
(AAL); Azur Aviation (Azur); The Boeing Company (Boeing); CFM; Delta
Air Lines, Inc. (Delta); United Airlines (UAL); MTU Maintenance Canada
(MTU) and Magnetic MRO. Four of the nine commenters requested changes
that resulted in updates to this AD. Three commenters requested
clarification on definitions. Two commenters requested updates to the
service information. Two commenters expressed support for the AD. The
following presents the comments received on the NPRM and the FAA's
response to each comment.
Request To Clarify Parts That Can Be Returned to Service
    Azur requested that the FAA clarify the parts that can be returned
to service after removal. Azur reasoned that paragraph (g)(1) of this
AD requires that an HPT inner stationary seal be removed from service
and replaced with either a part that is not listed in the service
information or a repaired part identified in paragraph (h)(2),
Definitions, of this AD. In contrast, paragraphs (g)(3)(i) and (iii) of
this AD, respectively, indicate only to remove the rotating air HPT
front seal and No. 3 ball bearing from service and replace them with a
``part eligible for installation.''
    Azur suggested adding one of the following to this AD to remove the
ambiguity: (1) Remove ``remove from service'' from paragraph (g)(1) of
this AD; (2) Identify rotating air HPT front seals and No. 3 ball
bearings that are not eligible for installation; (3) Add an
``Installation Prohibition'' paragraph for the removed rotating air HPT
front seal and No. 3 ball bearing; (4) Indicate what to do with the
removed rotating air HPT front seal and No. 3 ball bearing in
paragraphs (g)(3)(i) and (iii) of this AD, such as discard these parts;
or (5) Identify instruction for the removed rotating air HPT front
seals and No. 3 ball bearings.
    Use of ``remove from service'' in this AD indicates that the
rotating air HPT front seal and No. 3 ball bearing should no longer be
installed on an engine. Therefore, neither the removed rotating air HPT
front seal nor the removed No. 3 ball bearing can be repaired and
returned to service. The FAA, however, updated paragraph (h),
Definitions, of this AD, to clarify that a part eligible for
installation for both a rotating air HPT front seal and a No. 3 ball
bearing refers to parts that were not removed from service based on the
findings of honeycomb separation of the HPT inner stationary seal. The
FAA also updated paragraph (g)(1) of this AD to remove ``remove from
service'' to clarify that the HPT inner stationary seal can be repaired
and returned to service. The FAA also moved the definition of an HPT
inner stationary seal that is eligible for installation from paragraph
(g)(1) to paragraph (h)(1) of this AD.
Request To Update the Definition of Engine Shop Visit
    AAL, Delta, and UAL requested updates or clarification of the
definition of an ``engine shop visit'' provided in paragraph (h)(1) of
this AD.
    AAL requested that the FAA update the definition of an engine shop
visit to clarify circumstances that are not an engine shop visit. AAL
reasoned that CFM Service Bulletin (SB) CFM56-7B S/B 72-0972 provides
guidance on when AD mandated actions can be accomplished to avoid undue
burden on operators, specifically in circumstances when engines are
inducted to the shop for quick corrective action, such as repair for
foreign object damage.
    UAL requested that the FAA update the definition of an engine shop
visit to specify which major mating engine case flanges need to be
separated to be an engine shop visit as defined. UAL stated that the
ambiguity of the ``major mating engine case flange'' may result in an
inspection of the HPT inner stationary seal for honeycomb separation
when the core is not exposed, such as during fan case replacement.
    Delta recommended that the manufacturer define ``engine shop
visit'' in its service information.
    The FAA agrees that the definition of an engine shop visit in this
AD does not include the separation of engine flanges solely for the
purpose of transportation of the engine or replacing the fan or
propulsor without subsequent maintenance. All other separations of
major mating engine case flanges are an engine shop visit, as defined,
and require removal, replacement, and inspection of the HPT inner
stationary seal as required by paragraphs (g)(1) and (2) of this AD.
The FAA changed the definition of ``engine shop visit'' in paragraph
(h) this AD to clarify the definition of an engine shop visit.
    The FAA did not revise this AD in response to Delta's comment. The
FAA notes, however, that in CFM Service Bulletin (SB) CFM56-5B S/B 72-
0952, Revision 01, and CFM SB CFM56-7B S/B 72-1054, Revision 01, both
dated January 15, 2020, the manufacturer updated the SBs to clarify
that the quick turn shop visit type is not included in the SB's
definition of ``shop visit.''
Request To Change Inspection of HPT Rotor Blade To Remove Debris
    AAL requested that the FAA change paragraph (g)(3)(ii) of this AD
to ``Remove the HPT rotor blade from service and inspect per CFM56-7B
CFMI-TP.SM.10 Engine Shop Manual (ESM) 72-52-01-09 High Pressure
Turbine Rotor Blades--Inspection 001 or replace with parts eligible for
installation.'' AAL reasoned that the HPT rotor blade collects various
types of debris over its service life, so attempting to determine if
the debris is honeycomb material based upon a general visual inspection
is subjective and open to interpretation. Therefore, AAL suggested that
removing the HPT rotor blades would ensure that the repair facility
could remove the debris in the internal cavities and return the HPT
rotor blades to service.
    Since the NPRM was published, the manufacturer revised the service
information, removing the inspection of the HPT rotor blade internal
cavities for honeycomb metal debris. As a result, the FAA changed
paragraph (g)(3)(ii) of this AD to eliminate the requirement to inspect
the HPT rotor blade internal cavities for honeycomb metal debris. The
FAA also removed the estimated cost associated with the inspection of
the HPT rotor blade internal cavities for honeycomb metal debris from
this AD.
Request To Clarify Reason To Replace No. 3 Ball Bearing
    Magnetic MRO requested clarification for the reason to replace the
No. 3 ball bearing if metal debris is found in the HPT blade cavities.
    In the NPRM, the FAA proposed to require replacement of the No. 3
ball bearing if honeycomb separation was found during the inspection
required by paragraph (g)(2) of this AD. The replacement of the No. 3
ball bearing is not linked to a finding of debris in the HPT rotor
blade internal cavities but is required if honeycomb separation is
found. Honeycomb separation results in increased secondary air flow
impinging on the rotating air HPT front seal, which increases the axial
load on the No. 3 ball bearing. This increased axial load impacts the
durability of the No. 3 ball bearing. The FAA did not change this AD
based on this comment.

Request To Add a Terminating Action
    AAL requested that the FAA update paragraph (g)(1) of this AD to
include, ``Accomplishment of these instructions are considered
terminating action to this AD.'' AAL reasoned that this statement
provides specific closure since the corrective action has been clearly
defined and approved by the FAA. AAL suggested this maintenance action
is not recurring and, as such, would constitute an appropriate
terminating action.
    The FAA disagrees with adding the terminating action statement.
Performing the actions required by this AD achieves compliance with
this AD. A statement of terminating action is unnecessary.
Request To Clarify Compliance
    MTU commented that this AD describes actions to be performed if
damage is found, but does not describe actions to be performed when
damage is not found as specified in CFM SB CFM56-7B S/B 72-1054,
Revision 01, dated January 15, 2020. MTU asked if the AD could
reference action that needs to be performed when the engine is inducted
and disassembled for reasons other than HPT inner stationary seal issue
and damage (or no damage) is found.
    The FAA disagrees with requiring actions that are not related to
the unsafe condition described in this AD. The HPT inner stationary
seal is not typically exposed unless the engine is undergoing an engine
shop visit. However, if damage to the HPT inner stationary seal is
found during inspections not related to this AD, the ESM provides
criteria to determine appropriate action.
Request To Incorporate AC 20-176A in Service Information
    AAL and Delta requested that CFM incorporate AC 20-176A into both
CFM SB CFM56-5B S/B 72-0952, Revision 01, dated January 15, 2020, and
CFM SB CFM56-7B S/B 72-1054, Revision 01, dated January 15, 2020, for
the purpose of ``. . . distinguishing which steps in an SB will have a
direct effect on detecting, preventing, resolving, or eliminating the
unsafe condition identified in an AD.'' The commenters reasoned that
CFM should identify the steps required for compliance (RC) in the
service information. AAL added that the RC designation reduces global
AMOCs and streamlines the accomplishment of key tasks while meeting
strict regulatory compliance.
    The FAA agrees that adding the RC designation to the required
service information steps provides clarity to the operators. CFM added
the RC designation to CFM SB CFM56-5B S/B 72-0952, Revision 01, dated
January 15, 2020, and CFM SB CFM56-7B S/B 72-1054, Revision 01, dated
January 15, 2020. The FAA did not change this AD.
Request To Update References to the ESM
    Delta requested that the FAA update paragraphs (c)(2) and (h)(2) of
this AD to reference the CFM56-5B ESM and the CFM56-7B ESM entirely,
rather than specific repair tasks within the ESMs. Delta reasoned that
the CFM56-5B ESM and CFM56-7B ESM might change in future revisions.
    The FAA disagrees with changing the references from the specific
repair tasks. Paragraph (c)(2), Applicability, and paragraph (h)(2),
Definitions, of this AD refer to specific repair tasks within CFM56-5B
ESM and CFM56-7B ESM that are required to return a HPT inner stationary
seal to service. The FAA did not change this AD, but will consider
requests for AMOCs if the repair tasks change in future revisions of
the ESM.
Comment on Revising Service Information
    CFM stated that they would update CFM SB CFM56-5B S/B 72-0952 and
CFM SB CFM56-7B S/B 72-1054 based on feedback from operators. CFM
indicated it would update the definition of ``shop visit'' to clarify
that replacing a fan disk is not considered a shop visit. CFM further
indicated that it would clarify that if honeycomb separation is found,
then the HPT blades may be scrapped or overhauled. Finally, CFM noted
that it would revise the SBs by adding ``RC'' to those tasks required
for compliance.
    The FAA notes that it has revised this AD by referring to CFM SB
CFM56-5B S/B 72-0952, Revision 01, dated January 15, 2020, and CFM SB
CFM56-7B S/B 72-1054, Revision 01, dated January 15, 2020. In addition,
the FAA has reviewed the changes included in Revision 01 of these SBs
and determined that these are clarifying changes only and impose no
additional burden to operators.
Request To Allow Use of Later Revisions of Service Information
    AAL and Delta requested that the FAA add the phrase ``or later''
when referencing the service information in this AD. AAL stated that
specifying ``or later'' could prevent numerous requests for alternative
methods of compliance (AMOCs) if the manufacturer revises the service
information. AAL also stated that this request aligns with paragraph 2-
3.d of Advisory Circular No. 20-176A, ``Service Bulletins Related to
Airworthiness Directives and Indicating FAA Approval on Service
Documents,'' dated June 16, 2014 (AC 20-176A).
    The FAA disagrees with adding language that allows the use of later
revisions of service information when performing the required actions
of this AD. Later revisions of the service information have not been
reviewed by the FAA. As noted, however, in a previous comment response,
the FAA has revised this AD by referring to the latest published
revisions of the referenced service information.
Support for No Reporting Requirement
    AAL expressed support for the No Reporting Requirement in paragraph
(i) of this AD.
Support for the AD
    ALPA and Boeing expressed support for the AD as written.

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 Under 1 CFR Part 51

    The FAA reviewed CFM SB CFM56-5B S/B 72-0952, Revision 01, dated
January 15, 2020, and CFM SB CFM56-7B S/B 72-1054, Revision 01, dated
January 15, 2020. CFM SB CFM56-5B S/B 72-0952, Revision 01, describes
procedures for repairing the CFM56-5B turbofan engine HPT inner
stationary seal honeycomb. CFM SB CFM56-7B S/B 72-1054, Revision 01,
describes procedures for repairing the CFM56-7B turbofan engine HPT
inner stationary seal honeycomb. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in
ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 210 engines installed on
airplanes of U.S. registry. Operators have the option to replace or
repair the affected HPT inner stationary seal. The part cost is for
replacement with a repaired HPT inner stationary seal.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace HPT inner stationary seal.....  1 work-hour x $85 per             $7,910          $7,995      $1,678,950
                                         hour = $85.
Inspect HPT inner stationary seal.....  1 work-hour x $85 per                  0              85          17,850
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of engines
that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace rotating air HPT front seal...........  1 work-hour x $85 per hour = $85        $344,600        $344,685
Replace HPT rotor blades (pair)...............  1 work-hour x $85 per hour = $85          31,000          31,085
Replace No. 3 ball bearing....................  1 work-hour x $85 per hour = $85          30,000          30,085
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-10-09 CFM International, S.A.: Amendment 39-21542; Docket No.
FAA-2019-0568; Project Identifier 2019-NE-20-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective June 24, 2021.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all CFM International, S.A. (CFM) CFM56-
5B1, -5B1/2P, -5B1/3, -5B1/P, -5B2, -5B2/2P, -5B2/3, -5B2/P, -5B3/
2P, -5B3/2P1, -5B3/3, -5B3/3B1, -5B3/P, -5B3/P1, -5B4, -5B4/2P, -
5B4/2P1, -5B4/3, -5B4/3B1, -5B4/P, -5B4/P1, -5B5, -5B5/3, -5B5/P, -
5B6, -5B6/2P, -5B6/3, -5B6/P, -5B7, -5B7/3, -5B7/P, -5B8/3, -5B8/P,
-5B9/2P, -5B9/3, -5B9/P, CFM56-7B20, -7B20/2, -7B20/3, -7B20E, -
7B22, -7B22/2, -7B22/3, -7B22/3B1, -7B22/B1, -7B22E, -7B22E/B1, -
7B24, -7B24/2, -7B24/3, -7B24/3B1, -7B24/B1, -7B24E, -7B24E/B1, -
7B26, -7B26/2, -7B26/3, -7B26/3B1, -7B26/3B2, -7B26/3B2F, -7B26/3F,
-7B26/B1, -7B26/B2, -7B26E, -7B26E/B1, -7B26E/B2, -7B26E/B2F, -
7B26E/F, -7B27, -7B27/2, -7B27/3, -7B27/3B1, -7B27/3B1F, -7B27/3B3,
-7B27/3F, -7B27/B1, -7B27/B3, -7B27A, -7B27A/3, -7B27AE, -7B27E, -
7B27E/B1, -7B27E/B1F, -7B27E/B3, and -7B27E/F model turbofan engines
with a high-pressure turbine (HPT) inner stationary seal, part
number (P/N) 1808M56G01 installed that has a serial number (S/N)
listed in Planning Information, Paragraph 1.A., Table 1, of CFM
Service Bulletin (SB) CFM56-5B S/B 72-0952, Revision 01, dated
January 15, 2020, or in Planning Information, Paragraph 1.A., Table
1, CFM SB CFM56-7B S/B 72-1054, Revision 01, dated January 15, 2020,
installed.
    (2) This AD does not apply to affected CFM CFM56-5B and CFM56-7B
model turbofan engines with the affected HPT inner stationary seal
installed if the seal has been repaired as specified in CFM56-5B
Engine Shop Manual (ESM), 72-41-03, REPAIR 003, or CFM56-7B ESM, 72-
41-03, REPAIR 003, after the year listed in Paragraph 1.A., Table 1,
of CFM SB CFM56-5B S/B 72-0952, Revision 01, dated January 15, 2020,
or Paragraph 1.A., Table 1, CFM SB CFM56-7B S/B 72-1054, Revision
01, dated January 15, 2020.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by cracks found in the rotating air HPT
front seal. The FAA is issuing this AD to prevent failure of the HPT
inner stationary seal and the rotating air HPT front seal. The
unsafe condition, if not addressed, could result in uncontained
release of the rotating air HPT front seal, damage to the engine,
and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    (1) At the next engine shop visit after the effective date of
this AD, remove the affected HPT inner stationary seal and replace
with a HPT inner stationary seal that is eligible for installation.
    (2) After removing the affected HPT inner stationary seal
required by paragraph (g)(1), inspect the removed HPT inner
stationary seal for honeycomb separation, as defined in the
Accomplishment Instructions, paragraph 3.C.(1), in CFM SB CFM56-5B
S/B 72-0952, Revision 01, dated January 15, 2020, or in CFM SB
CFM56-7B S/B 72-1054, Revision 01, dated January 15, 2020.
    (3) If honeycomb separation is found during the inspection
required by paragraph (g)(2) of this AD, before further flight:
    (i) Remove the rotating air HPT front seal from service and
replace with a rotating air HPT front seal that is eligible for
installation.
    (ii) Remove the HPT rotor blades and replace them with HPT rotor
blades eligible for installation.
    (iii) Remove the No. 3 ball bearing from service and replace
with a No. 3 ball bearing eligible for installation.

(h) Definitions

    (1) For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine case flanges, except for
the following situations, which do not constitute an engine shop
visit.
    (i) Separation of engine flanges solely for the purpose of
transportation of the engine without subsequent maintenance.
    (ii) Separation of engine flanges solely for the purpose of
replacing the fan or propulsor without subsequent maintenance.
    (2) For the purpose of this AD, an HPT inner stationary seal
that is eligible for installation is an HPT inner stationary seal:
    (i) That is not listed in Planning Information, Paragraph 1.A.,
Table 1, of CFM SB CFM56-5B S/B 72-0952, Revision 01, dated January
15, 2020, or in Planning Information, Paragraph 1.A., Table 1, CFM
SB CFM56-7B S/B 72-1054, Revision 01, dated January 15, 2020; or
    (ii) with a P/N 1808M56G01 and with a S/N listed in Paragraph
1.A., Table 1, of CFM SB CFM56-5B S/B 72-0952, Revision 01, dated
January 15, 2020, or Paragraph 1.A., Table 1, CFM SB CFM56-7B S/B
72-1054, Revision 01, dated January 15, 2020, that has been repaired
per CFM56-5B ESM, 72-41-03, REPAIR 003, or CFM56-7B ESM, 72-41-03,
REPAIR 003, after the year listed in Paragraph 1.A., Table 1, of CFM
SB CFM56-5B S/B 72-0952, Revision 01, dated January 15, 2020, or
Paragraph 1.A., Table 1, CFM SB CFM56-7B S/B 72-1054, Revision 01,
dated January 15, 2020.
    (3) For the purpose of this AD, a rotating air HPT front seal
that is eligible for installation is any rotating air HPT front seal
that was not removed from service as a result of the inspection of
the HPT inner stationary seal required by paragraph (g)(2) of this
AD in which there was a finding of honeycomb separation.
    (4) For the purpose of this AD, HPT rotor blades eligible for
installation are new HPT rotor blades with zero flight hours since
news or HPT rotor blades that have been inspected and returned to a
serviceable condition using approved engine manual requirements.
    (5) For the purpose of this AD, a No. 3 ball bearing eligible
for installation is any No. 3 ball bearing that was not removed from
service as a result of the inspection of the HPT inner stationary
seal required by paragraph (g)(2) of this AD in which there was a
finding of honeycomb separation.

(i) No Reporting Requirement

    The reporting requirements contained within the SBs referenced
in paragraph (g) of this AD are not required by this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 Related Information. You may email your request 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.

(k) Related Information

    For more information about this AD, contact Christopher McGuire,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(l) 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) CFM Service Bulletin CFM56-5B S/B 72-0952, Revision 01,
dated January 15, 2020.
    (ii) CFM Service Bulletin CFM56-7B S/B 72-1054, Revision 01,
dated January 15, 2020.
    (3) For CFM service information identified in this AD, contact
CFM International Inc., Aviation Operations Center, 1 Neumann Way,
M/D Room 285, Cincinnati, OH 45125; phone:<PHONE_NUMBER>; fax:
(877) 432-3329; email<EMAIL_ADDRESS>    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. 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_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-10607 Filed 5-19-21; 8:45 am]
BILLING CODE 4910-13-P