[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Rules and Regulations]
[Pages 40944-40949]
[FR Doc No: 2017-18322]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2017-0768; Amendment No. 91-?]
RIN 2120-AL07

Prohibition Against Certain Flights in the Damascus (OSTT) Flight
Information Region (FIR)

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This action reissues a prohibition of certain flight
operations in the Damascus (OSTT) Flight Information Region (FIR) by
all U.S. air carriers; U.S. commercial operators; persons exercising
the privileges of an airman certificate issued by the FAA, except such
persons operating a U.S.-registered aircraft for a foreign air carrier;
and operators of U.S.-registered civil aircraft, except where the
operator is a foreign air carrier. The FAA finds that this action is
necessary to safeguard against continuing hazards to persons and
aircraft engaged in such flight operations.

DATES: This final rule is effective on August 28, 2017.

FOR FURTHER INFORMATION CONTACT: Michael Filippell or Will Gonzalez,
Air Transportation Division, AFS-220, Flight Standards Service, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Executive Summary

    This action prohibits certain flight operations in the Damascus
(OSTT) Flight Information Region by all U.S. air carriers; U.S.
commercial operators; persons exercising the privileges of an airman
certificate issued by the FAA, except such persons operating a U.S.-
registered aircraft for a foreign air carrier; and operators of U.S.-
registered civil aircraft, except where the operator is a foreign air
carrier. The FAA finds this action necessary to safeguard against
continuing hazards to persons and aircraft engaged in such flight
operations.
    Special Federal Aviation Regulation No. 114, 14 CFR 91.1609, (SFAR
114) was first published on December 30, 2014 (79 FR 78299). Although
an extension of SFAR No. 114, 14 CFR

91.1609, was published on December 27, 2016, (81 FR 94958), the
prohibition itself was inadvertently removed from the Code of Federal
Regulations due to incorrect amendatory instructions regarding dates in
the original SFAR No. 114, 14 CFR 91.1609. On January 4, 2017, the FAA
issued Notice to Airmen (NOTAM) KICZ A0001/17 to continue the
prohibition of certain flight operations in the Damascus (OSTT) FIR due
to the continuing hazards to U.S. civil aviation operations therein.
    The FAA issued this NOTAM pursuant to the Administrator's
authorities under 49 U.S.C. 40113(a) and 46105(c). Section 40113(a)
authorizes the Administrator, with respect to aviation safety duties
and powers designated to be carried out by the Administrator, to take
action the Administrator considers necessary to carry out Part A (Air
Commerce and Safety) of Subtitle VII (Aviation Programs) of title 49,
U.S. Code, including conducting investigations, prescribing
regulations, standards, and procedures, and issuing orders. Section
46105(c) provides that, when the Administrator is of the opinion that
an emergency exists related to safety in air commerce and requires
immediate action, the Administrator, on the initiative of the
Administrator or on complaint, may prescribe regulations and issue
orders immediately to meet the emergency, with or without notice and
without regard to Part A (Air Commerce and Safety) of Subtitle VII
(Aviation Programs) of title 49, U.S. Code, and subchapter II of
chapter 5 of title 5. The Administrator must begin a proceeding
immediately about an emergency under section 46105(c) and give
preference, when practicable, to the proceeding.
    This rule reissues SFAR No. 114, 14 CFR 91.1609, in its entirety,
and extends the rule's expiration date until December 30, 2018, with an
effective date of August 28, 2017.

II. Legal Authority and Good Cause

A. Authority for This Rulemaking

    The FAA is responsible for the safety of flight in the United
States and for the safety of U.S. civil operators, U.S.-registered
civil aircraft, and U.S.-certificated airmen throughout the world. The
FAA's authority to issue rules on aviation safety is found in title 49
of the U.S. Code. Subtitle I, sections 106(f) and (g), describe the
authority of the FAA Administrator. Subtitle VII of title 49, Aviation
Programs, describes in more detail the scope of the agency's authority.
Section 40101(d)(1) provides that the Administrator shall consider in
the public interest, among other matters, assigning, maintaining, and
enhancing safety and security as the highest priorities in air
commerce. Section 40105(b)(1)(A) requires the Administrator to exercise
his authority consistently with the obligations of the U.S. Government
under international agreements.
    This SFAR is promulgated under the authority described in Title 49,
Subtitle VII, Part A, Subpart III, section 44701, General requirements.
Under that section, the FAA is charged broadly with promoting safe
flight of civil aircraft in air commerce by prescribing, among other
things, regulations and minimum standards for practices, methods, and
procedures that the Administrator finds necessary for safety in air
commerce and national security. This regulation is within the scope of
that authority because it prohibits certain flight operations in the
Damascus (OSTT) FIR due to the hazards to persons and aircraft engaged
in such flight operations that are described in the Background section
of this final rule.
    The FAA also finds that this action is fully consistent with the
obligations under 49 U.S.C. 40105(b)(1)(A) to ensure that the
Administrator exercises his duties consistently with the obligations of
the United States under international agreements.

B. Good Cause for Immediate Adoption

    Section 553(b)(3)(B) of title 5, U.S. Code, authorizes agencies to
dispense with notice and comment procedures for rules when the agency
for ``good cause'' finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Because the
continuing hazards to U.S. operators and airmen described in the
Background section of this rule warrant an immediate reissuance of the
flight restrictions imposed by SFAR No. 114, 14 CFR 91.1609, the FAA
finds that notice and public comment under 5 U.S.C. 553(b)(3)(B), as
well as any delay in the effective date of this rule, are impracticable
and contrary to the public interest.

III. Background

    The significant threat to U.S. civil aviation operating in the
Damascus (OSTT) FIR, identified when the FAA first published SFAR No.
114, 14 CFR 91.1609,\1\ continues due to the presence of anti-aircraft
weapons controlled by non-state actors, threats made by extremist
groups, de-confliction concerns, and ongoing military fighting. Flight
safety risks associated with de-confliction between various military
forces conducting operations in Syria and civil aviation, which were
identified as a concern in the original prohibition, continue.
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    \1\ 79 FR 78299, December 30, 2014.
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    There are multiple extremist groups, known to be equipped with a
variety of anti-aircraft weapons, including radar-guided surface-to-air
missiles (SAMs) and man-portable air defense systems (MANPADs), which
have the capability to threaten civil aircraft. Syrian and Russian
military aircraft have been shot down during the course of the current
conflict, and extremist groups have previously warned civilian air
carriers against operating within (or providing service to) Syria. In
2015 and in support of the Assad regime, Russia began conducting
military operations using fighter and bomber aircraft and employed
advanced cruise missiles against targets in Syria. These operations
further increase the risk to civil flight operations in the Damascus
(OSTT) FIR. Due to the presence of various military forces and non-
state actors operating in Syria, the FAA has determined that safety of
flight continues to be a serious concern for U.S. civil aviation flight
operations in the Damascus (OSTT) FIR.
    The FAA continues to assess the situation in the Damascus (OSTT)
FIR and believes there is a significant threat to U.S. civil aviation
operating in the Damascus (OSTT) FIR at all altitudes due to the
presence of anti-aircraft weapons controlled by non-state actors,
threats made by extremist groups, de-confliction concerns, and ongoing
military fighting. Although an extension of SFAR No. 114, 14 CFR
91.1609, was published on December 27, 2016, (81 FR 94958), the
prohibition itself was inadvertently removed from the Code of Federal
Regulations due to incorrect amendatory instructions regarding dates in
the original SFAR No. 114, 14 CFR 91.1609. On January 4, 2017, the FAA
issued Notice to Airmen (NOTAM) KICZ A0001/17 to continue the
prohibition of certain flight operations in the Damascus (OSTT) FIR due
to the continuing hazards to U.S. civil aviation operations therein. As
previously described, the FAA issued this NOTAM pursuant to the
Administrator's authorities under 49 U.S.C. 40113(a) and 46105(c).
    Due to the continuation of the previously described hazards to U.S.
civil aviation operations, the FAA is reissuing SFAR No. 114, 14 CFR
91.1609, to maintain the prohibition on flight operations in the
Damascus (OSTT) FIR by all U.S. air carriers; U.S. commercial
operators; persons

exercising the privileges of an airman certificate issued by the FAA,
except such persons operating a U.S.-registered aircraft for a foreign
air carrier; and operators of U.S.-registered civil aircraft, except
where the operator is a foreign air carrier. The FAA is also extending
the expiration date of the SFAR until December 30, 2018.
    The FAA will continue to actively monitor the situation and, based
on evaluations, determine the extent to which U.S. civil operators may
be able to safely operate in the Damascus (OSTT) FIR in the future.
Amendments to this SFAR No. 114, 14 CFR 91.1609, may be appropriate if
the risk to aviation safety and security changes. Thus, the FAA may
amend or rescind this SFAR No. 114, 14 CFR 91.1609, as necessary, prior
to its expiration date.

IV. Approval Process Based on a Request From a Department, Agency, or
Instrumentality of the United States Government

    If a department, agency, or instrumentality of the U.S. Government
determines that it has a critical need to engage any person covered
under SFAR No. 114, 14 CFR 91.1609, including a U.S. air carrier or a
U.S. commercial operator, to conduct a charter to transport civilian or
military passengers or cargo or other operations in the Damascus (OSTT)
FIR, that department, agency, or instrumentality may request that the
FAA approve persons covered under SFAR No. 114, 14 CFR 91.1609, to
conduct such operations. An approval request must be made directly by
the requesting department, agency or instrumentality of the U.S.
Government to the FAA's Associate Administrator for Aviation Safety
(AVS-1) in a letter signed by an appropriate senior official of the
requesting department, agency, or instrumentality. Requests for
approval submitted to the FAA by anyone other than the requesting
department, agency, or instrumentality will not be accepted and will
not be processed. In addition, the senior official signing the letter
requesting FAA approval on behalf of the requesting department, agency,
or instrumentality must be sufficiently highly placed within his or her
organization to demonstrate that the senior leadership of the
requesting department, agency, or instrumentality supports the request
for approval and is committed to taking all necessary steps to minimize
operational risks to the proposed flights. The senior official must
also be in a position to: (1) Attest to the accuracy of all
representations made to the FAA in the request for approval and (2)
ensure that any support from the requesting U.S. Government department,
agency, or instrumentality described in the request for approval is in
fact brought to bear and is maintained over time. Unless justified by
exigent circumstances, requests for approval must be submitted to the
FAA no less than 30 calendar days before the date on which the
requesting department, agency, or instrumentality wishes the proposed
operations, if approved by the FAA, to commence.
    The letter must be sent by the requesting department, agency, or
instrumentality to the Associate Administrator for Aviation Safety
(AVS-1), Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591. Electronic submissions are acceptable, and the
requesting entity may request that the FAA notify it electronically as
to whether the approval request is granted. If a requestor wishes to
make an electronic submission to the FAA, the requestor should contact
the Air Transportation Division, Flight Standards Service, at (202)
267-8166 to obtain the appropriate email address. A single letter may
request approval from the FAA for multiple persons covered under SFAR
No. 114, 14 CFR 91.1609, and/or for multiple flight operations. To the
extent known, the letter must identify the person(s) covered under the
SFAR on whose behalf the U.S. Government department, agency, or
instrumentality is seeking FAA approval, and it must describe--
     The proposed operation(s), including the nature of the
mission being supported;
     The service to be provided by the person(s) covered by the
SFAR;
     To the extent known, the specific locations in the
Damascus (OSTT) FIR where the proposed operation(s) will be conducted,
including, but not limited to, the flight path and altitude of the
aircraft while it is operating in the Damascus (OSTT) FIR and the
airports, airfields and/or landing zones at which the aircraft will
take-off and land; and
     The method by which the department, agency, or
instrumentality will provide, or how the operator will otherwise
obtain, current threat information and an explanation of how the
operator will integrate this information into all phases of the
proposed operations (e.g., pre-mission planning and briefing, in-
flight, and post-flight).
    The request for approval must also include a list of operators with
whom the U.S. Government department, agency, or instrumentality
requesting FAA approval has a current contract(s), grant(s), or
cooperative agreement(s) (or with whom its prime contractor has a
subcontract(s)) for specific flight operations in the Damascus (OSTT)
FIR. Additional operators may be identified to the FAA at any time
after the FAA approval is issued. However, all additional operators
must be identified to, and obtain an Operations Specification (OpSpec)
or Letter of Authorization (LOA), as appropriate, from the FAA for
operations in the Damascus (OSTT) FIR before such operators commence
such operations. The revised approval conditions discussed below will
apply to any such additional operators. Updated lists should be sent to
the email address to be obtained from the Air Transportation Division
by calling<PHONE_NUMBER>.
    If an approval request includes classified information, requestors
may contact Aviation Safety Inspectors Michael Filippell or Will
Gonzalez for instructions on submitting it to the FAA. Their contact
information is listed in the For Further Information Contact section of
this final rule.
    FAA approval of an operation under SFAR No. 114, 14 CFR 91.1609,
does not relieve persons subject to this SFAR of their responsibility
to comply with all applicable FAA rules and regulations. Operators of
civil aircraft must also comply with the conditions of their
certificate, OpSpecs, and LOAs, as applicable. Operators must further
comply with all rules and regulations of other U.S. Government
departments and agencies that may apply to the proposed operation(s),
including, but not limited to, the Transportation Security Regulations
issued by the Transportation Security Administration, Department of
Homeland Security.
Approval Conditions
    If the FAA approves the request, the FAA's Aviation Safety
Organization (AVS) will send an approval letter to the requesting
department, agency, or instrumentality informing it that the FAA's
approval is subject to all of the following conditions:
    (1) The approval will stipulate those procedures and conditions
that limit, to the greatest degree possible, the risk to the operator,
while still allowing the operator to achieve its operational
objectives.
    (2) Before any approval takes effect, the operator must submit to
the FAA:
    (a) A written release of the U.S. Government from all damages,
claims, and liabilities, including without limitation legal fees and
expenses; and
    (b) the operator's agreement to indemnify the U.S. Government with
respect to any and all third-party damages, claims, and liabilities,

including without limitation legal fees and expenses, relating to any
event arising from or related to the approved operations in the
Damascus (OSTT) FIR.
    (3) Other conditions that the FAA may specify, including those that
may be imposed in OpSpecs or LOAs, as applicable.
    The release and agreement to indemnify do not preclude an operator
from raising a claim under an applicable non-premium war risk insurance
policy issued by the FAA under chapter 443 of title 49, United States
Code.
    If the proposed operations are approved, the FAA will issue an
OpSpec or a LOA, as applicable, to the operator(s) identified in the
department's, agency's or instrumentality's request authorizing the
operator(s) to conduct such operations, and will notify the department,
agency, or instrumentality that requested the FAA's approval of any
additional conditions beyond those contained in the approval letter.
The requesting department, agency, or instrumentality must have a
contract, grant, or cooperative agreement (or its prime contractor must
have a subcontract) with the person(s) described in paragraph (a) of
this SFAR No. 114, 14 CFR 91.1609, on whose behalf the department,
agency, or instrumentality requests FAA approval.

V. Petitions for Exemption

    Any operations not conducted under an approval issued by the FAA in
accordance with this SFAR No. 114, 14 CFR 91.1609, must be conducted
under an exemption from SFAR No. 114, 14 CFR 91.1609. A request by any
person covered under SFAR No. 114, 14 CFR 91.1609, for an exemption
must comply with 14 CFR part 11, and will require exceptional
circumstances beyond those contemplated by the approval process. In
addition to the information required by 14 CFR 11.81, at a minimum, the
requestor must describe in its submission to the FAA--
     The proposed operation(s), including the nature of the
operation;
     The service to be provided by the person(s) covered by the
SFAR;
     The specific locations in the Damascus (OSTT) FIR where
the proposed operation(s) will be conducted, including, but not limited
to, the flight path and altitude of the aircraft while it is operating
in the Damascus (OSTT) FIR and the airports, airfields and/or landing
zones at which the aircraft will take-off and land; and
     The method by which the operator will obtain current
threat information, and an explanation of how the operator will
integrate this information into all phases of its proposed operations
(e.g., the pre-mission planning and briefing, in-flight, and post-
flight phases).
    Additionally, the release and agreement to indemnify, as referred
to previously, will be required as a condition of any exemption that
may be issued under SFAR No. 114, 14 CFR 91.1609.
    The FAA recognizes that operations that may be affected by SFAR No.
114, 14 CFR 91.1609, may be planned for the governments of other
countries with the support of the U.S. Government. While these
operations will not be permitted through the approval process, the FAA
will process exemption requests for such operations on an expedited
basis and prior to any private exemption requests.

VI. Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Orders 12866 and 13563 direct that each
Federal agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354),
as codified in 5 U.S.C. 603 et seq., requires agencies to analyze the
economic impact of regulatory changes on small entities. Third, the
Trade Agreements Act (Pub. L. 96-39), as amended, 19 U.S.C. Chapter 13,
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, the Trade Agreements Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), as codified in 2 U.S.C. Chapter 25, requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
    In conducting these analyses, FAA has determined this final rule
has benefits that justify its costs. This rule is a significant
regulatory action as defined in section 3(f) of Executive Order 12866,
as it raises novel policy issues contemplated under that Executive
Order; further, this rule is ``significant'' as defined in DOT's
Regulatory Policies and Procedures. This rule will not have a
significant economic impact on a substantial number of small entities.
This rule will not create unnecessary obstacles to the foreign commerce
of the United States. This rule will not impose an unfunded mandate on
State, local, or tribal governments, or on the private sector by
exceeding the threshold identified above.

A. Regulatory Evaluation

    Department of Transportation (DOT) Order 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits a statement to
that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the costs and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows.
    For SFAR No. 114, 14 CFR 91.1609, the FAA determined that
incremental costs were minimal for U.S. operators of large transport
category airplanes (four part 121 operators and two part 125M
operators), because they had voluntarily ended their overflights in
March 2011, before the FAA's August 18, 2014, issuance of FDC NOTAM 4/
4936, which prohibited U.S. operators and airmen from flying in the
Damascus (OSTT) FIR. The FAA also determined that the incremental costs
of SFAR No. 114 were minimal for about 15 ``on-demand'' large carriers
(part 121 and part 121/135) and about 75 small ``on-demand'' operators
(parts 135, 125, 125M, and 91K). These operators had previously flown
into and out of Syria or conducted overflights in the Damascus (OSTT)
FIR. However, because of sanctions imposed by the U.S. Department of
the Treasury's Office of Foreign Assets Control (OFAC) and the ongoing
conflict, the FAA believed that few, if any, of these ``on-demand''
operators were still operating in the OSTT FIR immediately before the
FAA issued FDC NOTAM 4/4936.
    Due to significant and increased hostilities, and because the OFAC
sanctions remain in place, the reasons for the FAA's previous finding
of minimal cost for SFAR No. 114, 14 CFR 91.1609, remain unchanged.
Therefore, the FAA finds that the incremental cost of reissuing SFAR
No. 114, 14 CFR 91.1609 will be minimal.

B. Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354, ``RFA''), 5
U.S.C. 601

et seq., establishes ``as a principle of regulatory issuance that
agencies shall endeavor, consistent with the objectives of the rule and
of applicable statutes, to fit regulatory and informational
requirements to the scale of the businesses, organizations, and
governmental jurisdictions subject to regulation. To achieve this
principle, agencies are required to solicit and consider flexible
regulatory proposals and to explain the rationale for their actions to
assure that such proposals are given serious consideration.'' The RFA
covers a wide-range of small entities, including small businesses, not-
for-profit organizations, and small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that the head of the agency may so
certify and a regulatory flexibility analysis will not be required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
    Prior to the hostilities leading to the earlier published SFAR No.
114, 14 CFR 91.1609, there were many small entities conducting
operations through the Damascus (OSTT) FIR. After the FAA initially
published SFAR No. 114, 14 CFR 91.1609, the FAA received no requests
for approval or petitions for exemption to allow persons subject to the
SFAR to conduct flight operations in the Damascus (OSTT) FIR. Given no
requests have occurred, the FAA believes the earlier determination of
minimal cost is accurate. Thus reissuing the flight prohibition will
not impose a significant economic impact. Therefore, as provided in
section 605(b), the head of the FAA certifies that this rulemaking will
not result in a significant economic impact on a substantial number of
small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended,
prohibits Federal agencies from establishing standards or engaging in
related activities that create unnecessary obstacles to the foreign
commerce of the United States. Pursuant to this Act, the establishment
of standards is not considered an unnecessary obstacle to the foreign
commerce of the United States, so long as the standard has a legitimate
domestic objective, such as the protection of safety, and does not
operate in a manner that excludes imports that meet this objective. The
statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the effect of this final rule and determined
that its purpose is to protect the safety of U.S. civil aviation from
hazards outside the U.S. Therefore, the rule is in compliance with the
Trade Agreements Act.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155.0 million in lieu of $100
million.
    This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (Pub. L. 104-13) requires that
the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to this regulation.
    While the FAA's flight prohibition does not apply to foreign air
carriers, DOT codeshare authorizations prohibit foreign air carriers
from carrying a U.S. codeshare partner's code on a flight segment that
operates in airspace for which the FAA has issued a flight prohibition.
Further, following the downing of Malaysia Airlines Flight 17, there is
increased attention in the international community and ICAO to
conflict-related threats to civil aircraft. Foreign air carriers and
other foreign operators may choose to avoid, or be advised/directed by
their civil aviation authorities to avoid, airspace for which the FAA
has issued a flight prohibition.

G. Environmental Analysis

    The FAA has analyzed this action under Executive Order 12114,
Environmental Effects Abroad of Major Federal Actions (44 FR 1957,
January 4, 1979), and DOT Order 5610.1C, Paragraph 16. Executive Order
12114 requires the FAA to be informed of environmental considerations
and take those considerations into account when making decisions on
major Federal actions that could have environmental impacts anywhere
beyond the borders of the United States. The FAA has determined that
this action is exempt pursuant to Section 2-5(a)(i) of Executive Order
12114, because it does not have the potential for a significant effect
on the environment outside the United States.
    In accordance with FAA Order 1050.1F, ``Environmental Impacts:
Policies and Procedures,'' paragraph 8-6(c), FAA has prepared a
memorandum for the record stating the reason for this determination,
which has been placed in the docket for this rulemaking.

VII. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action will not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, does not have
Federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this immediately adopted final rule under
Executive Order 13211, ``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'' (May 18,
2001). The agency has determined that it is not a ``significant energy
action'' under the executive order, and it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.

C. Executive Order 13609, Promoting International Regulatory
Cooperation

    Executive Order 13609, Promoting International Regulatory
Cooperation,

(77 FR 26413, May 4, 2012) promotes international regulatory
cooperation to meet shared challenges involving health, safety, labor,
security, environmental, and other issues and to reduce, eliminate, or
prevent unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.

D. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs

    This rule is not subject to the requirements of EO 13771 (82 FR
9339, February 3, 2017) because it is issued with respect to a national
security function of the United States.

VIII. Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by
using the Internet--
     Searching the Federal eRulemaking Portal (http://www.regulations.gov);
     Visiting the FAA's Regulations and Policies Web page at
http://www.faa.gov/regulations_policies or
     Accessing the Government Publishing Office's Web page at
http://www.fdsys.gov.
    Copies may also be obtained by sending a request (identified by
docket or amendment number of the rule) to the Federal Aviation
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue
SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
    Except for classified material, all documents the FAA considered in
developing this rule, including economic analyses and technical
reports, may be accessed from the Internet through the Federal
eRulemaking Portal referenced above.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the For Further Information Contact section at the beginning of the
preamble. You can find out more about SBREFA on the Internet at: http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety,
Freight, Syria.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of Title 14, Code of Federal
Regulations, as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105,
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507,
47122, 47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49
U.S.C. 44703 note); articles 12 and 29 of the Convention on
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).

0
2. In part 91, subpart M, add Sec.  91.1609 to read as follows:

Sec.  91.1609  Special Federal Aviation Regulation No. 114--Prohibition
Against Certain Flights in the Damascus (OSTT) Flight Information
Region (FIR).

    (a) Applicability. This section applies to the following persons:
    (1) All U.S. air carriers and U.S. commercial operators;
    (2) All persons exercising the privileges of an airman certificate
issued by the FAA, except such persons operating U.S.-registered
aircraft for a foreign air carrier; and
    (3) All operators of civil aircraft registered in the United
States, except where the operator of such aircraft is a foreign air
carrier.
    (b) Flight prohibition. No person may conduct flight operations in
the Damascus (OSTT) Flight Information Region (FIR), except as provided
in paragraphs (c) and (d) of this section.
    (c) Permitted operations. This section does not prohibit persons
described in paragraph (a) from conducting flight operations in the
Damascus (OSTT) FIR, provided that such flight operations are conducted
under a contract, grant, or cooperative agreement with a department,
agency, or instrumentality of the U.S. government (or under a
subcontract between the prime contractor of the department, agency, or
instrumentality, and the person described in paragraph (a)), with the
approval of the FAA, or under an exemption issued by the FAA. The FAA
will process requests for approval or exemption in a timely manner,
with the order of preference being: first, for those operations in
support of U.S. government-sponsored activities; second, for those
operations in support of government-sponsored activities of a foreign
country with the support of a U.S. government department, agency, or
instrumentality; and third, for all other operations.
    (d) Emergency situations. In an emergency that requires immediate
decision and action for the safety of the flight, the pilot in command
of an aircraft may deviate from this section to the extent required by
that emergency. Except for U.S. air carriers and commercial operators
that are subject to the requirements of part 119, 121, 125, or 135 of
this chapter, each person who deviates from this section must, within
10 days of the deviation, excluding Saturdays, Sundays, and Federal
holidays, submit to the nearest FAA Flight Standards District Office
(FSDO) a complete report of the operations of the aircraft involved in
the deviation, including a description of the deviation and the reasons
for it.
    (e) Expiration. This SFAR will remain in effect until December 30,
2018. The FAA may amend, rescind, or extend this SFAR No. 114, Sec.
91.1609, as necessary.

    Issued under authority provided by 49 U.S.C. 106(f) and (g),
40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), in Washington, DC, on
August 14, 2017.
Michael P. Huerta,
Administrator.
[FR Doc. 2017-18322 Filed 8-28-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 14, 2010 (Volume 75, Number 9)]
[Notices]
[Page 2179-2180]
[DOCID:fr14ja10-114]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61311; File No. SR-FINRA-2009-072]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Approving Proposed Rule Change To Amend the
Deficient Claims Rules of the Codes of Arbitration Procedure for
Customer and Industry Disputes

January 7, 2010.

I. Introduction

    On October 28, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (the
``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Rule 12307 of the Code of Arbitration for
Customer Disputes (the ``Customer Code'') and Rule 13307 of the Code of
Arbitration for Industry Disputes (the ``Industry Code'')
(collectively, the ``Codes'') to clarify the date of filing of an
arbitration claim once a deficiency is corrected. The proposed Rule
change was published for comment in the Federal Register on December 2,
2009.\3\ The Commission received two comment letters, both of which
supported the proposed rule change.\4\ This order approves the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 74 FR 63167 (Dec. 2, 2009).
    \4\ See letters from William A. Jacobson, Esq., Associate
Clinical Professor of Law, Director, Cornell Securities Law Clinic
and Sang Joon Kim, student, dated December 9, 2009, and Scott R.
Shewan, President, Public Investors Arbitration Bar Association,
dated December 17, 2009.
---------------------------------------------------------------------------

II. Description of the Proposal

    When parties initiate arbitration claims in FINRA's arbitration
forum, they must file a signed and dated submission agreement, pay all
required filing fees, and provide a statement of claim explaining the
facts and outlining the remedies requested.\5\ If a party's claims do
not comply with the Customer Code or Industry Code, as applicable,
those claims are considered deficient.\6\ FINRA received inquiries from
constituents on how the arbitration forum determines the date of filing
of a claim that was deficient when filed, but is later corrected.
---------------------------------------------------------------------------

    \5\ Rule 12302(a)(1) of the Customer Code and Rule 13302(a)(1)
of the Industry Code.
    \6\ A claim may be deficient because, for example, the party
failed to file a properly signed and dated submission agreement,
failed to pay all required filing fees, or failed to file the
correct number of copies of the submission agreement, statement of
claim or other supporting documents.
---------------------------------------------------------------------------

    To address these constituents' concerns, FINRA proposed to amend
Rules 12307(b) of the Customer Code and 13307(b) of the Industry Code
to clarify the date of filing of a deficient claim when the deficiency
is corrected within 30 days from the time the party receives notice of
the deficiency (the ``Deficiency Period''). As amended, these rules
would provide that if the deficiency is corrected within the Deficiency
Period, the claim will be considered filed on the date the initial
statement of claim was filed.
    Two commenters addressed the proposed rule change and both urged
the Commission to approve it.

III. Discussion and Commission Findings

    The Commission finds the proposed rule change to be consistent with
the requirements of the Act and the rules and regulations thereunder
applicable to a national securities association.\7\ In particular, the
Commission finds that the proposed rule change is consistent with
Section 15A(b)(6) of the Act in that it is designed, among other
things, to promote just and equitable principles of trade and to
protect investors and the public interest.
---------------------------------------------------------------------------

    \7\ In approving the proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    The Commission believes it is important to provide persons using
FINRA's arbitration forum clear guidance on how to determine the date
of filing of a deficient claim. The proposed rule change should
eliminate confusion, provide transparency concerning forum practice,
and enhance the efficiency of case administration.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-FINRA-2009-072) be, and
hereby is, approved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-544 Filed 1-13-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Proposed Rules]
[Pages 10878-10880]
[FR Doc No: 2021-02225]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0022; Project Identifier MCAI-2020-00395-E]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
(Type Certificate Previously Held by Rolls-Royce plc) Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Rolls-Royce Deutschland Ltd & Co KG (RRD) Trent XWB-75, Trent
XWB-79, Trent XWB-79B, Trent XWB-84, and Trent XWB-97 model turbofan
engines. This proposed AD was prompted by the manufacturer revising the
time limits manual (TLM) to incorporate repairs to the low-pressure
compressor (LPC) blades and introduce a new fan blade inspection. This
proposed AD would require revisions to the airworthiness limitations
section (ALS) of the Rolls-Royce (RR) Trent XWB TLM and the operator's
existing approved aircraft maintenance program (AMP). The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 9,
2021.

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 https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Rolls-
Royce plc, Corporate Communications, P.O. Box 31, Derby, DE24 8BJ,
United Kingdom; phone: +44 (0)1332 242424; fax: +44 (0)1332 249936;
email: https://www.rolls-royce.com/contact-us/civil-aerospace.aspx;
website: https://www.rolls-royce.com/contact-us.aspx. 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0022; 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 NPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Scott Stevenson, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0022; Project Identifier
MCAI-2020-00395-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Scott
Stevenson, Aviation Safety Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA AD 2020-0066, dated March 23, 2020 (referred to after this
as ``the MCAI''), to address the unsafe condition on these products.
The MCAI states:

    The Airworthiness Limitations Section instructions for Trent XWB
engines, which are approved by EASA, are defined and published in
TLM TRENTXWB-K0680-TIME0-01. These instructions have been identified
as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an
unsafe condition.
    Rolls-Royce recently revised the TLM, introducing new and/or
more restrictive instructions.
    For the reason described above, this [EASA] AD requires
accomplishment of the instructions specified in the TLM, as defined
in this AD.

    You may obtain further information by examining the MCAI in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0022.

FAA's Determination

    This product has been approved by EASA and is approved for
operation in the United States. Pursuant to our bilateral agreement
with the European Community, EASA has notified the FAA

of the unsafe condition described in the MCAI and service information.
The FAA is issuing this NPRM because the agency evaluated all the
relevant information provided by EASA and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Related Service Information

    The FAA reviewed Rolls-Royce Airworthiness Limitations (Mandatory
Inspections), TRENTXWB-A-05-20-01-00A01-030A-D, Revision 013, dated
September 1, 2019, of the Rolls-Royce Trent XWB TLM TRENTXWB-K0680-
TIME0-01, and Rolls-Royce Airworthiness Limitations (Mandatory
Inspections), TRENTXWB-B-05-20-01-00A01-030A-D, Revision 005, dated
April 1, 2020, of the Rolls-Royce Trent XWB TLM TRENTXWB-K0680-TIME0-
01. These two sections of the TLM specify inspection intervals,
differentiated by engine model, for critical rotating parts.

Proposed AD Requirements in This NPRM

    This proposed AD would require revisions to the ALS of the RR Trent
XWB TLM, as applicable to each engine model, and to the operator's
existing approved AMP, to include new or more restrictive sections of
the applicable RR Trent XWB TLM for each affected engine model.

Differences Between This Proposed AD and the MCAI or Service
Information

    EASA AD 2020-0066, dated March 23, 2020, requires that operators
replace each component before exceeding the applicable life limit and
that each mandatory inspection is accomplished within the thresholds
and intervals, as specified in the latest revision of the TLM. This
proposed AD would not mandate these actions because the manufacturer
did not revise the life limit for any components with its revision to
the TLM.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 22 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise the ALS of the RR Trent XWB TLM  1 work-hour x $85 per                 $0             $85          $1,870
 and the operator's existing approved    hour = $85.
 AMP.
----------------------------------------------------------------------------------------------------------------

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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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

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:

Rolls-Royce Deutschland Ltd & Co KG (Type Certificate previously
held by Rolls-Royce plc): Docket No. FAA-2021-0022; Project
Identifier MCAI-2020-00395-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by April 9, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (RRD)
(Type Certificate previously held by Rolls-Royce plc) Trent XWB-75,
Trent XWB-79, Trent XWB-79B, Trent XWB-84, and Trent XWB-97 model
turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine
Turbine/Turboprop.

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the time
limits manual (TLM) to incorporate repairs to the low-pressure
compressor (LPC) blades and introduce a new fan blade inspection.
The FAA is issuing this AD to prevent the failure of critical
rotating parts. The unsafe condition, if not addressed, could result
in failure of one or more engines, loss of thrust control, and loss
of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 120 days after the effective date of this AD, revise the
Rolls-Royce (RR) Trent XWB TLM, as applicable to each engine model,
and the operator's existing approved

aircraft maintenance program (AMP) by incorporating the following:
    (1) For Trent XWB-75, Trent XWB-79, Trent XWB-79B, and Trent
XWB-84 model turbofan engines, add Figure 1 to paragraph (g)(1) of
this AD to the airworthiness limitations section (ALS) of RR Trent
XWB TLM TRENTXWB-K0680-TIME0-01.
[GRAPHIC] [TIFF OMITTED] TP23FE21.000

    (2) For Trent XWB-97 model turbofan engines, add Figure 2 to
paragraph (g)(2) of this AD to the ALS of RR Trent XWB TLM TRENTXWB-
K0680-TIME0-01.
[GRAPHIC] [TIFF OMITTED] TP23FE21.001

    Note 1 to paragraph (g): Figure 1 to Paragraph (g)(1) and Figure
2 to Paragraph (g)(2) contain language from the original equipment
manufacturer's TLM.

(h) Definition

    For the purpose of this AD, the operator's existing approved AMP
is defined as the basis for which the operator or the owner ensures
the continuing airworthiness of each operated airplane.

(i) 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
ECO Branch, send it to the attention of the person identified in
paragraph 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.

(j) Related Information

    (1) For more information about this AD, contact Scott Stevenson,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) Refer to European Union Aviation Safety Agency AD 2020-0066,
dated March 23, 2020, for more information. You may examine the EASA
AD in the AD docket at https://www.regulations.gov by searching for
and locating it in Docket No. FAA-2021-0022.
    (3) For service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
United Kingdom, DE24 8BJ; phone: +44 (0)1332 242424; fax: +44
(0)1332 249936; email: https://www.rolls-royce.com/contact-us/civil-aerospace.aspx; website: https://www.rolls-royce.com/contact-us.aspx. You may view this referenced 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<PHONE_NUMBER>.

    Issued on January 29, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-02225 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Proposed Rules]
[Pages 66316-66319]
[FR Doc No: 2023-21090]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1889; Project Identifier MCAI-2023-00738-E]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; correction.

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

SUMMARY: The FAA is correcting a Notice of Proposed Rulemaking (NPRM)
that published in the Federal Register. The NPRM proposed to issue an
airworthiness directive (AD) that would apply to certain Rolls-Royce
Deutschland Ltd & Co KG (RRD) Model Trent 1000 engines. As published,
the docket number referenced throughout the NPRM is incorrect. This
document corrects that error. In all other respects, the original
document remains the same; however, for clarity, the FAA is publishing
the entire proposed rule in the Federal Register.

DATES: The last date for submitting comments to the NPRM (88 FR 63885,
September 18, 2023) remains November 2, 2023.

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 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1889; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information that is identified in this NPRM,
contact the European Union Aviation Safety Agency (EASA), Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000;
email: [email protected]; website: easa.europa.eu. You may find this
material on the EASA website at ad.easa.europa.eu. It is also available
at regulations.gov under Docket No. FAA-2023-1889.
     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<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-
7241; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1889; Project Identifier
MCAI-2023-00738-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Sungmo Cho, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des
Moines, WA 98198. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    The FAA issued an NPRM (88 FR 63885, September 18, 2023) that would
apply to certain RRD Model Trent 1000 engines. The NPRM proposed to
supersede AD 2021-25-04, Amendment 39-21847 (86 FR 71129, December 15,
2021) (AD 2021-25-04), for all RRD Model Trent 1000-AE3, Trent 1000-
CE3, Trent 1000-D3, Trent 1000-G3, Trent 1000-H3, Trent 1000-J3, Trent
1000-K3, Trent 1000-L3, Trent 1000-M3, Trent 1000-N3, Trent 1000-P3,
Trent 1000-Q3, and Trent 1000-R3 (Trent 1000) engines. AD 2021-25-04
requires operators to revise the airworthiness limitations section
(ALS) of their existing approved aircraft maintenance program by
incorporating the revised tasks of the applicable time limits manual
(TLM) for each affected engine.
    The NPRM proposed to require revising the ALS of the operator's
existing approved engine maintenance or inspection program, as
applicable, to incorporate new or more restrictive tasks and
limitations and associated thresholds and intervals for life-limited
parts, as specified in EASA AD 2023-0115, dated June 7, 2023 (EASA AD
2023-0115) (also referred to after this as the MCAI), which is proposed
for incorporation by reference. The NPRM was prompted by the
manufacturer revising the TLM to introduce new or more restrictive
tasks and limitations and associated thresholds and intervals for life-
limited parts. The FAA is proposing this AD to prevent the failure of
critical rotating parts, which could result in the failure of one or
more engines, loss of thrust control, and loss of the airplane.

Need for the Correction

    As published, the docket number referenced throughout the NPRM is
incorrect. The NPRM incorrectly references ``Docket No. FAA-2023-1881''
instead of ``Docket No. FAA-2023-1889.''
    Although no other part of the preamble or regulatory information
has been corrected, for clarity, the FAA is publishing the entire
proposed rule in the Federal Register.
    The comment due date of the NPRM remains November 2, 2023.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0115, which specifies procedures for
operators to revise the ALS of the existing approved engine maintenance
or inspection program, as applicable, to incorporate new or more
restrictive tasks and limitations and associated thresholds and
intervals for life-limited parts.
    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.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the ALS of the operator's
existing approved engine maintenance or inspection program, as
applicable, to incorporate new or more restrictive

tasks and limitations and associated thresholds and intervals for life-
limited parts, which are specified in the MCAI described previously,
except for any differences identified as exceptions in the regulatory
text of this proposed AD and as discussed under ``Differences Between
this Proposed AD and the MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has since
coordinated with other manufacturers and CAAs to use this process. As a
result, the FAA proposes to incorporate by reference EASA AD 2023-0115
in the FAA final rule. This proposed AD would, therefore, require
compliance with EASA AD 2023-0115 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this proposed AD. Using common terms that are
the same as the heading of a particular section in the EASA AD does not
mean that operators need comply only with that section. For example,
where the AD requirement refers to ``all required actions within
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
EASA AD 2023-0115. Service information required by the EASA AD for
compliance will be available at regulations.gov under Docket No. FAA-
2023-1889 after the FAA final rule is published.

Differences Between This Proposed AD and the MCAI

    Where paragraph (3) of EASA AD 2023-0115 specifies revising the
approved Aircraft Maintenance Programme within 12 months after the
effective date of EASA AD 2023-0115, this proposed AD would require
revising the ALS of the existing approved engine maintenance or
inspection program, as applicable, within 90 days after the effective
date of this AD.
    This proposed AD would not require compliance with paragraphs (1),
(2), (4), and (5) of EASA AD 2023-0115.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 2 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                        Labor Cost            Parts Cost        product         operators
----------------------------------------------------------------------------------------------------------------
Revise the ALS....................  1 work-hour x $85 per                  $0              $85             $170
                                     hour = $85.
----------------------------------------------------------------------------------------------------------------

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

    The FAA 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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

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  [Corrected]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive AD 2021-25-04, Amendment 39-21847
(86 FR 71129, December 15, 2021); and
0
b. Adding the following new airworthiness directive:

Rolls-Royce Deutschland Ltd & Co KG: Docket No. FAA-2023-1889;
Project Identifier MCAI-2023-00738-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by November 2, 2023.

(b) Affected ADs

    This AD replaces AD 2021-25-04, Amendment 39-21847 (86 FR 71129,
December 15, 2021).

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG Model
Trent 1000-AE3, Trent 1000-CE3, Trent 1000-D3, Trent 1000-G3, Trent
1000-H3, Trent 1000-J3, Trent 1000-K3, Trent 1000-L3, Trent 1000-M3,
Trent 1000-N3, Trent 1000-P3, Trent 1000-Q3, and Trent 1000-R3
engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine
(Turbine/Turboprop).

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the engine
time limits manual (TLM) life limits of certain critical rotating
parts and direct accumulation counting data files. The FAA is
issuing this AD to prevent the failure of critical rotating

parts. The unsafe condition, if not addressed, could result in
failure of one or more engines, loss of thrust control, and loss of
the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraph (h) of this AD: Perform all
required actions within the compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0115, dated June 7, 2023 (EASA AD 2023-0115).

(h) Exceptions to EASA AD 2023-0115

    (1) Where EASA AD 2023-0115 defines the AMP as the approved
Aircraft Maintenance Programme containing the tasks on the basis of
which the scheduled maintenance is conducted to ensure the
continuing airworthiness of each operated engine, this AD defines
the AMP as the aircraft maintenance program containing the tasks on
the basis of which the scheduled maintenance is conducted to ensure
the continuing airworthiness of each operated airplane.
    (2) Where EASA AD 2023-0115 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) This AD does not require compliance with paragraphs (1),
(2), (4), and (5) of EASA AD 2023-0115.
    (4) Where paragraph (3) of EASA AD 2023-0115 specifies revising
the approved AMP within 12 months after the effective date of EASA
AD 2023-0115, this AD requires revising the airworthiness
limitations section of the existing approved engine maintenance or
inspection program, as applicable, within 90 days after the
effective date of this AD.
    (5) This AD does not adopt the Remarks paragraph of EASA AD
2023-0115.

(i) Provisions for Alternative Actions and Intervals

    After performing the actions required by paragraph (g) of this
AD, no alternative actions and associated thresholds and intervals,
including life limits, are allowed unless they are approved as
specified in the provisions of the ``Ref. Publications'' section of
EASA AD 2023-0115.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520, Continued Operational Safety Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the branch, send it to the
attention of the person identified in paragraph (k) of this AD and
email to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Additional Information

    For more information about this AD, contact Sungmo Cho, Aviation
Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198;
phone:<PHONE_NUMBER>; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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) European Union Aviation Safety Agency (EASA) AD 2023-0115,
dated June 7, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0115, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; website: easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (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 protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 22, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-21090 Filed 9-25-23; 4:15 pm]
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[Federal Register: August 19, 2008 (Volume 73, Number 161)]
[Proposed Rules]
[Page 48314-48317]
[DOCID:fr19au08-29]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0892; Directorate Identifier 2008-CE-049-AD]
RIN 2120-AA64

Airworthiness Directives; Maule Aerospace Technology, Inc. Models
M-4, M-5, M-6, M-7, and M-8 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Maule Aerospace Technology, Inc. Models M-4, M-5, M-6, M-7, and
M-8 series airplanes. This proposed AD would require you to paint the
top of the rear elevator control horn, the elevator control cable end
attached to the top of the rear control horn, the bottom of the forward
elevator control horn, and the elevator control cable end attached to
the bottom of the forward control. This proposed AD would also require
you to insert a supplement into your maintenance program (maintenance
manual). This proposed AD results from two reports of accidents where
reversed elevator control rigging was a factor. We are proposing this
AD to reduce the likelihood of a mechanic rigging the elevator controls
backwards, which could result in elevator movement in the opposite
direction from control input. This condition could lead to loss of
control.

DATES: We must receive comments on this proposed AD by October 20,
2008.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
     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
Maule Aerospace Technology, Inc., 2099 Georgia Highway 133 South,
Moultrie, Georgia 31788; telephone:<PHONE_NUMBER>; fax: (229) 985-
2048; Internet: http://www.mauleairinc.com.

For Further Information, Contact One of the Following:

--Cindy Lorenzen, Aerospace Engineer, One Crown Center, 1895 Phoenix
Blvd., Suite 450, Atlanta, Georgia 30349; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>or
--Gerald Avella, Aerospace Engineer, One Crown Center, 1895 Phoenix
Blvd., Suite 450, Atlanta, Georgia 30349; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket number, ``FAA-
2008-0892; Directorate Identifier 2008-CE-049-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the proposed
AD. We will consider all comments received by the closing date and may
amend the proposed AD in light 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 concerning this proposed AD.

Discussion

    We have received two reports of accidents where reversed elevator
control rigging was a factor. We are proposing this AD to reduce the
likelihood of a mechanic rigging the elevator controls backwards, which
could result in elevator movement in the opposite direction from
control input.
    This condition, if not corrected, could result in loss of control.

Relevant Service Information

    We have reviewed Maule Aerospace Technology, Inc. Mandatory Service
Bulletin No. 30, dated March 4, 2008.
    The service information describes procedures for:
     Painting the top of the rear elevator control horn and the
elevator control cable end attached to the top of the rear control
horn;
     Painting the bottom of the forward elevator control horn
and the elevator control cable end attached to the bottom of the
forward control; and
     Inserting a supplement in the maintenance program
(maintenance manual).

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would require you to paint the top of the rear elevator control horn,
the elevator control cable end attached to the top of the rear control
horn, the bottom of the forward elevator control horn, and the elevator
control cable end attached to the bottom of the forward control. This
proposed AD would also require you to insert a supplement into your
maintenance program (maintenance manual).

Costs of Compliance

    We estimate that this proposed AD would affect 1,765 airplanes in
the U.S. registry.
    We estimate the following costs to do the proposed modification:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80.............................             $20             $100         $176,500
----------------------------------------------------------------------------------------------------------------

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 have 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 that the 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); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information 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 Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 adding the following new AD:

Maule Aerospace Technology, Inc.: Docket No. FAA-2008-0892;
Directorate Identifier 2008-CE-049-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive
(AD) action by October 20, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplane models and serial
numbers that are certificated in any category:

------------------------------------------------------------------------
                 Model                             Serial Nos.
------------------------------------------------------------------------
Bee Dee M-4...........................  All serial numbers.
M-4...................................  All serial numbers.
M-4-180C..............................  All serial numbers.
M-4-180V..............................  47001T through 47014T.
M-4-210...............................  All serial numbers.
M-4-210C..............................  All serial numbers.
M-4-210S..............................  All serial numbers.
M-4-220C..............................  All serial numbers.
M-4-220S..............................  All serial numbers.
M-4C..................................  All serial numbers.
M-4S..................................  All serial numbers.
M-4T..................................  All serial numbers.
M-5-180C..............................  All serial numbers.
M-5-200...............................  All serial numbers.
M-5-210C..............................  All serial numbers.
M-5-210TC.............................  All serial numbers.
M-5-220C..............................  All serial numbers.
M-5-235C..............................  All serial numbers.
M-6-180...............................  8020C, 8043C, 8065C through
                                         8067C.
M-6-235...............................  7249C, 7356C, 7379C through
                                         7444C, 7446C through 7450C,
                                         7452C through 7459C, 7461C
                                         through 7466C, 7468C, 7469C,
                                         7471C through 7475C, 7488C
                                         through 7514C, 7516C through
                                         7522C.
M-7-235...............................  4001C through 4132C, 12001C,
                                         12002C.
M-7-235A..............................  24001C.
M-7-235B..............................  23001C through 23105C.
M-7-235C..............................  25001C through 25106C.
M-7-260...............................  26001C through 26021C.
M-7-260C..............................   30001C through 30040C.
M-7-420A..............................   35001C.
M-7-420AC.............................   29001C, 29003C through 29007C.
M-8-235...............................  15001C through 15006C.
MT-7-235..............................  18001C through 18097C, 18099C,
                                         18100C.
MT-7-260..............................  27001C through 27014C.
MT-7-420..............................  51001C, 51002C.
MX-7-160..............................  19001C through 19046C.
MX-7-160C.............................  34001C.
MX-7-180..............................  11001C through 11097C.
MX-7-180A.............................  20001C through 20064C.
MX-7-180AC............................   33001C through 33010C.
MX-7-180B.............................  22001C through 22025C, 22027C.
MX-7-180C.............................  28001C through 28027C.
MX-7-235..............................  10001C through 10122C.
MX-7-420..............................  13001C through 13003C.
MXT-7-160.............................  17001C through 17008C.
MXT-7-180.............................  14000C through 14125C.
MXT-7-180A............................  21001C through 21096C.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from two reports of accidents where reversed
elevator control rigging was a factor. We are issuing this AD to
reduce the likelihood of a mechanic rigging the elevator controls
backwards, which could result in elevator movement in the opposite
direction from control input. This failure could lead to loss of
control.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

----------------------------------------------------------------------------------------------------------------
               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) Using yellow enamel paint, color  Before the next time the elevator     Follow Maule Aerospace Technology,
 code the following:                   control cable is disconnected for     Inc. Mandatory Service Bulletin No.
(i) the top of the rear elevator       any reason or within the next 12      30, dated March 4, 2008.
 control horn;                         calendar months after the effective
(ii) the elevator control cable end    date of this AD, whichever occurs
 attached to the top of the rear       first.
 control horn;
(iii) the bottom of the forward
 elevator control horn; and
(iv) the elevator control cable end
 attached to the bottom of the
 forward control.
(2) Insert the following text into    Before the next time the elevator     Follow Maule Aerospace Technology,
 the rigging procedure section of      control cable is disconnected for     Inc. Mandatory Service Bulletin No.
 your FAA-approved maintenance         any reason or within the next 12      30, dated March 4, 2008. You may
 program (e.g. maintenance manual):    calendar months after the effective   insert a copy of this AD or you may
``CAUTION--BEFORE FLIGHT WHENEVER      date of this AD, whichever occurs     insert the text located on the
 ELEVATOR CABLES ARE RECONNECTED OR    first.                                bottom of page 3 of Maule Aerospace
 NEW CABLES INSTALLED: Always check                                          Technology, Inc. Mandatory Service
 operation of elevators after a                                              Bulletin No. 30, dated March 4,
 cable reconnect by pulling back on                                          2008, into the FAA-approved
 the control and ascertain that the                                          maintenance program (e.g.
 elevators are in the UP position.''                                         maintenance manual).
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Atlanta 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. Send information to
ATTN: Gerald Avella, Aerospace Engineer, One Crown Center, 1895
Phoenix Blvd., Suite 450, Atlanta, Georgia 30349; telephone: (770)
703-6066; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.

Related Information

    (g) To get copies of the service information referenced in this
AD, contact Maule Aerospace Technology, Inc., 2099 Georgia Highway
133 South, Moultrie, Georgia 31788; telephone:<PHONE_NUMBER>; fax:
(229) 985-2048; Internet: http://www.mauleairinc.com. To view the AD
docket, go to U.S. Department of Transportation, Docket Operations,
M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590, or on the Internet at http://
www.regulations.gov.

    Issued in Kansas City, Missouri, on August 12, 2008.
G. Wes Ryan,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-19168 Filed 8-18-08; 8:45 am]

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