[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Proposed Rules]
[Pages 24438-24441]
[FR Doc No: 2018-11466]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter I

[Docket No. FAA-2018-0432]

Policy on the Temporary Closure of Airports for Nonaeronautical
Purposes

AGENCY: Federal Aviation Administration (FAA).

ACTION: Proposed Policy; Request for Comments.

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SUMMARY: This notice announces a proposed update of the FAA policy
regarding approval of the temporary closure of a federally obligated
airport for a nonaeronautical purpose. Under Federal law, an airport
operator that has accepted Federal grants is obligated to maintain the
airport for public aviation use. In a limited exception to the general
requirement, an airport operator may temporarily close the airport or
part of the airport for a nonaeronautical event, if the FAA approves
that closure in advance. The FAA proposes to adopt this policy
statement to provide additional guidance to airport operators
describing the process and criteria for evaluating airport closure
requests, and the required contents of an airport operator's request
for approval. The FAA is seeking comments on the proposed statement of
policy.

DATES: Send your comments on or before July 30, 2018.

ADDRESSES: You may send comments identified by Docket Number FAA-2018-
0432 using any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov and
follow the online instructions for sending your comments
electronically.
    Mail: Send comments to Docket Operations, M-30; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building
Ground Floor, Washington, DC 20590-0001.
    Hand Delivery or Courier: Bring comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
    Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    For more information, see the SUPPLEMENTARY INFORMATION section of
this document.
    Privacy: In accordance with 5 U.S.C., 553(c), the Department of
Transportation (DOT) solicits comments from the public on its proposed
Policy on the Temporary Closure of Airports for Nonaeronautical
Purposes. DOT posts these comments, without edit, including any
personal information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.
    Docket: To read background documents or comments received, go to
http://www.regulations.gov and follow the online instructions for
accessing the docket. Or, go to the Docket Management Facility in Room
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lorraine Herson-Jones, Manager,
Airport Compliance Division, ACO-100, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591, telephone (202) 267-
3085; facsimile:<PHONE_NUMBER>.

AVAILABILITY OF DOCUMENTS: You can get an electronic copy of this
Policy and all other documents in this docket using the internet by:
    (1) Searching the Federal eRulemaking portal (http://www.faa.gov/regulations/search);
    (2) Visiting FAA's Regulations and Policies web page at (http://www.faa.gov/regulations_policies; or
    (3) Accessing the Government Printing Office's web page at (http://www.gpoaccess.gov/index.html).
    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Airport Compliance and Management
Analysis, 800 Independence Avenue SW, Washington, DC 20591, or by
calling<PHONE_NUMBER>. Make sure to identify the docket number, notice
number, or amendment number of this proceeding.

AUTHORITY FOR THE POLICY: This notice is published under the authority
described in Title 49 of the United States Code, Subtitle VII, part B,
chapter 471, section 47122(a).

SUPPLEMENTARY INFORMATION:

I. Background

Airport Sponsor Obligations

    Airport sponsors that have accepted grants under the Airport
Improvement Program (AIP) have agreed to comply with certain Federal
policies included in each AIP grant agreement as sponsor assurances.
The Airport and Airway Improvement Act of 1982 (AAIA) (Pub. L. 97-248),
as amended and recodified at 49 U.S.C., Sec.  47107(a)(1), and the
contractual sponsor assurances require that the airport sponsor make
the airport available for aviation use. Title 49 U.S.C., Sec.
47107(a)(8) requires grant agreements to include an assurance that ``a
proposal to close the airport temporarily for a nonaeronautical purpose
must first be approved by the Secretary [of Transportation].'' This
requirement is implemented by Grant assurance 19, Operation and
Maintenance, which incorporates the requirement that a temporary
airport closure for a nonaeronautical purpose be first approved by the
Secretary. The Secretary's approval authority has been delegated to the
FAA as part of the administration of the AIP. It is the longstanding
policy of the FAA that airport property be available for aeronautical
use unless a particular nonaeronautical use is approved by the FAA.
    Each year sponsors of federally obligated airports request
temporary closure of a ramp, taxiway, runway or an entire airport for a
nonaeronautical event, typically for a period of one to three days. Any
such request must be approved by the FAA in advance before the event
can take place. While the FAA offices generally applied a consistent
set of criteria to the evaluation of requests for temporary closure,
the agency has not provided uniform guidance for sponsors on the
process to apply for a temporary closure. The FAA believes that a
detailed description of the contents of an application for temporary
closure of airport facilities, and a clear listing of the obligations
of an airport sponsor before, during and after a closure, will benefit
both to airport sponsors and to the FAA offices handling applications.
    Conducting an event on airport property is a complex undertaking.
Whether the purpose is an aeronautical event (e.g., air show) or
nonaeronautical event, and whether the event requires a full closure of
the airport or simply a closure of a ramp or taxiway, the event will
require detailed planning and preparation that should not be taken
lightly. The airport sponsor's primary purpose is to operate a safe
airport providing access to aviation community.
    The FAA affirms in this Notice that federally assisted airports
should remain open for aviation use. Where an airport sponsor does
request a temporary closure of airport facilities for a nonaeronautical
event, this Notice describes the required contents of a request, and
the criteria for FAA's approval.

Summary of Key Provisions

    The proposed policy statement provides a standard application
process for approval of nonaeronautical events at a federally obligated
airport, and a detailed explanation of the measures an airport sponsor
will need to take in order to protect the airport and comply with the
terms of the FAA grant agreements. In summary:
     As a first step, the airport sponsor should arrange a
meeting with the local FAA office to discuss their plans for the event.
     Applications for temporary closure must be submitted to
the FAA in writing in advance, with a complete explanation and
justification for the event.
     The greater the degree of impact on aeronautical use, the
greater the justification required for closure and the greater the need
for mitigation of impacts on airport operations, facilities and
resources.
     Mitigation measures to ensure safety and preservation of
airport assets include:
    [cir] Timely notice to tenants and to itinerant operators through
NOTAMs;
    [cir] Development of a `Safety Plan' to include notice to airport
tenants and users, special markings, airport security, and provisions
for crowd control and separation from operations;
    [cir] Filing of a Form 7460 when necessary to allow the FAA review
of any temporary structures or other elements that may impact the
National Airspace System (NAS);
    [cir] Receipt of fair market value compensation for use of airport
facilities; and
    [cir] Restoration of all airport facilities to the condition prior
to the event at the event proponent's expense.
     The FAA will review applications for justification,
adequate safety mitigation, full reimbursement of airport expenses, and
protection and restoration of airport facilities.

II. The Proposed Policy

    In consideration of the foregoing, the Federal Aviation
Administration proposes to adopt the following statement of policy on
its statutory responsibility to review and approve or disapprove
requests for temporary closure of federally obligated airport
facilities for a nonaeronautical airport event.

Policy on the Temporary Closure of Airports for Nonaeronautical
Purposes

    To implement the requirements of 49 U.S.C., Sec.  47107(a)(8) and
AIP Grant Assurance 19, the FAA will use the following procedures and
criteria to evaluate and approve requests for the temporary closure of
a federally obligated airport for a nonaeronautical event.
    A. Policy. Airports should remain available for aviation use. Under
certain circumstances, the FAA may approve temporary closure for
nonaeronautical event purposes, such as car races/shows, county fairs,
parades, car testing, model airplane events, running events and
fireworks; however, the FAA will not approve a closure where impacts to
safety and efficiency have not been mitigated and would result in a
negative impact to civil aviation. In most cases, the impact to
aviation, safety, security, liability, and other risks outweighs the
financial and community goodwill returns promised to the airport for
nonaeronautical activities. A proposed nonaeronautical use of an
airport should not prevent the airport from realizing its economic
potential nor diminish or hamper its existing or forecasted role in the
system of airports.
    B. Mitigation measures. If a temporary closure of the airport is
planned, the sponsor must ensure that adequate measures will be in
place to:
    1. Make no permanent change in airport facilities as depicted on
the Airport Layout Plan;
    2. Maintain the safety, efficiency, and utility of the airport
consistent with the limited authority of the FAA to grant a temporary
closure for a nonaeronautical event;
    3. Provide timely notice to tenants and itinerant aircraft
operators of the planned event and the effect on the availability of
airport facilities;
    4. Receive fair market value for all nonaeronautical use of airport
property;
    5. Use of airport property for nonaeronautical activities at less
than fair market value is limited to community use as defined in
section VII.D of the Policy and Procedures Concerning the Use of
Airport Revenue (Revenue Use Policy);
    6. Provide benefits to the airport that outweigh the temporary
impact on aviation use;
    7. Ensure that airport revenue, personnel and equipment are not
used to subsidize non-airport activities;
    8. Ensure compliance with operational safety, certification and
security regulations, protection of airspace, and maintenance of the
FAA design and safety standards during aircraft operations; and
    9. Ensure that the sponsor does not surrender its rights and powers
at any time before, during, or after the event.
    C. Degree of impact on aeronautical use. The greater the effect on
aeronautical use of the airport from a proposed closure, the greater
the justification required for the temporary closure, and the more
attention and detail required for mitigation of safety, efficiency and
other impacts.
    1. Where an event would require that aircraft operations be
suspended during the event, a proposal must identify why closure of the
airport is necessary, and how the proposed nonaeronautical use
justifies loss of the use of the airport for the duration of the event.
The proposal must include a Safety Plan that describes how based and
itinerant aircraft operators will be advised of the closure.
    2. Where an event would use aeronautical facilities but not require
total suspension of aircraft operations, the Safety Plan must include
measures to assure that the temporary changes in available facilities
do not affect the safety of concurrent operations.
    3. In all cases, an application for temporary closure must identify
measures for maintaining separation between public event areas and
aircraft operating areas.
    4. Documentation must demonstrate that the event was coordinated
with air carriers, Flight Standards District Office (FSDO), Air Traffic
Control Tower (ATCT), aeronautical tenants and users serving the
airport as applicable. Documentation must show that concerns have been
properly addressed.
    5. Identify other airports in the area that could accommodate
diverted traffic during the closure.
    6. Regional Airports Division (Region) or Airports District Office
(ADO) should coordinate with the appropriate FAA regional Lines of
Business. Most events trigger notification requirements as per the
current version of FAA Order 7400.2, Procedures for Handling Airspace
Matters, which requires internal coordination through the Obstruction
Evaluation/Airport Airspace Analysis (OE/AAA) system. When events have
been circulated through the OE/AAA, the non-rulemaking airports (NRA)
case number should be included in the agency approval/disapproval
letter.
    7. When the nonaeronautical event is at an airport with air carrier
service, the sponsor must coordinate with the Transportation Security
Administration.
    D. Airshows and aeronautical events. While 49 U.S.C., Sec.
47107(a)(8) and Grant Assurance 19 do not require Office of Airports
approval of the temporary closure of an airport for aeronautical events
in the processes of issuing an airshow waiver Flight Standards Service
(AFS) will describe the safety conditions for the FAA's approval of the
event. However, the AFS waiver relates

to aircraft operations and the separation between aircraft operations
and the viewing public. AFS will coordinate the ground operations plan
with Regions and ADOs as appropriate. Events that are primarily
nonaeronautical with an air show or other aeronautical event as an
incidental activity should be reviewed by the Region or ADO.
    E. Maintaining safety
    1. For a proposed closure of the airport to operations or a closure
of any part of the airfield movement area or proposed obstructions to
movement area associated safety clearances, the sponsor must prepare a
Safety Plan to include at least the following items:
    a. Special markings for the event, and removal and restoration of
markings after the event.
    b. Notice to tenants and airmen, including appropriate NOTAMs.
    c. Inspection and repair of any damage to airport property.
    d. Reporting and marking of any structures affecting protected
zones or surfaces.
    e. Safe separation between aircraft operations and the public.
These may include: special taxi routes, access to terminal gates, crowd
control, vehicular routes, staging areas, and others.
    f. Sponsor's determination and analysis that there is no adverse
effect on the airport's approved security plan.
    g. Where necessary to maintain the safety, security and efficiency
of airport operations, Regions or ADOs should use applicable elements
from the AC 150/5370-2, Operational Safety on Airports During
Construction.
    2. The airport sponsor must provide timely advance notice of the
nonaeronautical event to pilots and airport tenants, and to the ATC
tower if applicable. The sponsor must issue appropriate NOTAMs to
advise itinerant pilots of any limited availability of the airport
during the event. The sponsor must provide advance notice to airport
businesses and other tenants of any effect on use of airport property
during the event.
    3. Filing of a Form 7460 may be necessary to obtain FAA review of
any temporary structures on the airport and use of airport property.
The Form 7460 can be filed prior to or with the application for
approval of closure, but must be filed no later than 120 days prior to
the event to allow time for the FAA to review, comment and response
from proponent.
    F. Ensuring That the Event Sponsor Bears the Costs of the Event
    1. The airport must recover fair market value (FMV) payment for the
nonaeronautical use of airport property to the extent required by the
Revenue Use Policy.
    2. The airport sponsor must receive full compensation for the time
of airport personnel and the use of airport resources for the event
(e.g. police/airport operations overtime pay), but not necessarily
staff time for review of the event.
    3. Airport funds and resources may not be used to subsidize the
event, except insofar as the event will be staged by the airport
sponsor itself. Use of airport property for a nonaeronautical purpose
at below fair market value payment is considered a subsidy.
    4. The airport sponsor's agreement with the event promoter should
contain the event promoter's binding written agreement to indemnify and
hold harmless the airport sponsor for any damages, liabilities or
judgments against the airport sponsor relating to the use of the
airport for the event.
    G. Protection of Airport Property and Resources
    1. The airport sponsor should assess the condition of airfield
facilities and airport property in the event areas before the event,
and have the event proponent acknowledge that condition in writing.
    2. The airport sponsor's agreement with the event sponsor must
include the event proponent's binding written agreement to restore
airport property to its pre-event condition and repair all damage to
airport facilities resulting from the event. All repairs and
restoration of property must be completed at the expense of the event
proponent in a timely manner and in conformance with FAA standards.
    3. The event areas should be re-inspected following the event to
assure that they have been restored to the preexisting condition.

III. Application for Temporary Airport Closure

    To apply for temporary airport closure for a nonaeronautical
purpose, an airport sponsor must submit a proposal to the Region or ADO
for analysis and approval. In Block Grant states the proposal may be
submitted to the State Block Grant Agency with a copy to the Region or
ADO. The airport sponsor must submit sufficient information and
assurances to indicate that each requirement has been or will be
satisfied.

Contents of Sponsor Request for Temporary Closure for a Nonaeronautical
Event

    The airport sponsor requesting a temporary airport closure must
submit the information below to the Region and or ADO or State Block
Grant Agency to request approval of the temporary closure:
    1. The dates of the proposed closure periods including any
necessary set up and take down period. Identify whether this is an
annual or one-time event.
    2. An estimation of the number of operations (commercial, general
aviation, military) to be impacted and how this number was determined.
    3. An event map depicting:
    a. Where and how the airport property will be used for the
nonaeronautical activity (e.g., spectator areas, parking areas, staging
areas, fueling, concession areas).
    b. Areas used for the event that have been developed or improved
with Federal funds (identify the grant number and anticipated impact to
the Federal investment).
    c. Impacted Navigational Aids (NAVAIDs).
    d. Location and description of elements \1\ that may affect the
NAS.
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    \1\ E.g. pyrotechnics; electromagnetic radiation; radio
frequency proposals; line-of sight obscurations/glare for the
traffic pattern, Air Traffic Control Tower, intersecting runways or
other airport environment areas needed for the safe and efficient
use for the airport; etc.
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    e. Structures or other elements that may require a form 7460
application.
    4. Procedures and equipment to delineate closed areas (e.g., X on
runways, fencing, gates, barricades, etc.).
    5. A Safety Plan.
    6. If applicable, a description of the mutual aid fire and rescue
agreements and whether there needs to be a presence of mutual aid
safety services during the event.
    7. Plan to assess the airport property prior to re-opening for
aeronautical uses to identify and fix:
    a. Damage.
    b. Temporary markings HAZMAT issues (if applicable).
    c. Conduct Foreign Object Debris (FOD) sweep.
    8. Identification of the party who will be responsible for funding
any repairs and a timeframe within which the repairs will be made.
    9. Indicate impacts to NAVAIDs and procedures for taking these out
and in service.
    10. Draft of the NOTAM(s) to be issued for the event.
    11. Certification of Notification to Stakeholders--at a minimum the
following entities must be notified of the event and provided an
opportunity to give feedback. The sponsor should address concerns from
stakeholders and include comments and responses in the proposal,
including mitigation where

applicable. Provide a list of those notified, the concerns raised and
the mitigations made to address the concerns:
    a. Tenants, FBOs, airlines, and local users (e.g., DOD, etc.).
    b. Air traffic control tower.
    c. Local aviation organizations.
    d. Airport security and local law enforcement agencies.
    e. Flight Standards District Office.
    12. An explanation of how the event benefits the airport and is
compliant with the FAA Policy on Revenue Use.
    a. For an event proposed by a commercial/for-profit party:
    i. Financial benefits must be equal to at least the fair market
value of the subject property use.
    ii. In-kind services or benefits must be equivalent to FMV
compensation.
    iii. Airport revenue cannot be used toward conducting the event
(e.g., use of airport staff must be reimbursed, equipment rental,
advertisement of the event cannot be funded in part or whole by the
airport).
    iv. The event should also generate intangible benefits for the
airport such as community goodwill and community interest.
    b. For an event organized by a non-profit/charitable organization
or by the airport sponsor itself on its own behalf. In all non-profit
nonaeronautical cases there needs to be a benefit to the airport that
clearly outweighs the loss or displacement of aeronautical activities.
Examples of benefits to the airport may include:
    i. Advertising for the airport included in the event advertising at
no cost to the airport.
    ii. A percentage of ticket sales paid to the airport.
    iii. Intangible benefits (e.g., community goodwill, increasing
local awareness of the airport, encouraging local and community support
of the airport, generating an interest in airport use).
    c. For events proposed by a party other than the airport sponsor,
the event proponent should assume the costs of the event, e.g.,
equipment rental, advertisement of the event, staffing, and restoration
of facilities to pre-event conditions.
    13. Approval of the closure of airport facilities for a
nonaeronautical event is a Federal action that requires environmental
review.

    Issued in Washington, DC, on May 23, 2018.
Kevin C. Willis,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2018-11466 Filed 5-25-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67785-67786]
[FR Doc No: 2021-25891]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[OST Docket No. DOT-OST-2011-0022]

Notice of Submission of Proposed Information Collection to OMB
Agency Request for Reinstatement of a Previously Approved Collection:
Online Complaint Form for Service-Related Issues in Air Transportation

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice and request for comments; reinstatement of an OMB
control number.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 this
notice announces the Department of Transportation's intention to
reinstate an OMB control number for an online complaint form by which a
consumer can electronically submit a service-related complaint against
an airline and other sellers of air transportation.

DATES: Comments on this notice must be received by January 28, 2022.

ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting
comments;
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor,
Room W-12/140, Washington, DC 20590-0001; or
     Hand Delivery: West Building Ground Floor, Room W-12/140,
1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Daeleen Chesley, Office of the
Secretary, Office of Aviation Consumer Protection (C-70), U.S.
Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC
20590,<PHONE_NUMBER> (voice) or at [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2105-0568.
    Title: Reinstatement of Office of Aviation Consumer Protection
Online Complaint Form.
    Abstract: The Department of Transportation's (Department) Office of
Aviation Consumer Protection (OACP, formerly the Office of Aviation
Enforcement and Proceedings) has broad authority under 49 U.S.C.,
subtitle VII, to investigate and enforce consumer protection and civil
rights laws and regulations related to air transportation. OACP
monitors compliance with and investigates violations of the Department
of Transportation's aviation economic, consumer protection, and civil
rights requirements.
    Among other things, the office is responsible for receiving and
investigating service-related consumer complaints filed against
airlines and other sellers of air transportation. Once received, the
complaints are reviewed by the office to determine the extent to which
these entities comply with federal aviation consumer protection and
civil rights laws and what, if any, action should be taken.
    This request is to enable consumers to continue to submit comments,
including complaints, to the Department using an online form, whether
via their personal computer or on a mobile/electronic device. If the
online comment form is not available, the Department may receive fewer
complaints/comments from consumers. The lack of consumer-driven
information could inhibit the office's ability to effectively
investigate both individual complaints against airlines and other
sellers of air transportation. It would also impact OACP's ability to
become aware of patterns and practices that may develop in violation of
our rules. The information collection continues to further the
objectives of 49 U.S.C. 41712, 40101, 40127, 41702, and 41705 to
protect consumers from unfair or deceptive practices, to protect the
civil rights of air travelers, and to ensure safe and adequate service
in air transportation.
    Filing a complaint using a web-based form is voluntary and
minimizes the burden on respondents when compared with other methods of
submitting complaints. In recent years, consumers have submitted the
vast majority of complaints online versus contacting the Department
using regular mail or telephone. Approximately ninety percent of the
submissions received by OACP during calendar years (CYs) 2017 through
2019 were filed using the web-based form as shown in the table
below.\1\
---------------------------------------------------------------------------

    \1\ In 2020, the Department received an unusually high number
(100,613) of online submissions to our office, primarily complaints,
largely due to flight cancellations and refund issues that resulted
from the Covid-19 pandemic. Using the average number of submissions
from the three previous CYs more accurately reflects the annual
number of submissions received by our office historically.

----------------------------------------------------------------------------------------------------------------
                                                                   Total number    Total number    Percentage of
                          Calendar year                            of complaints   of complaints    complaints
                                                                       filed       filed online    filed online
----------------------------------------------------------------------------------------------------------------
2017............................................................          18,155          16,067              89
2018............................................................          15,546          13,964              90
2019............................................................          15,342          14,107              92
                                                                 -----------------------------------------------
    Average Total per Year (above)..............................          16,348          14,713              90
----------------------------------------------------------------------------------------------------------------

    The type of information requested on the form includes
complainant's name, address, phone number (including area code), email
address, and name of the airline or company about which she/he is
complaining, as well as the flight date and flight itinerary (where
applicable) of a complainant's trip. A consumer may also use the form
to give a description of a specific air-travel related problem or to
ask for air-travel related information from the OACP. The Department
has limited its informational request to that necessary to meet its
program and administrative monitoring and enforcement activities.
    Respondents: Consumers that Choose to File an Online Complaint/
Comment with the Office of Aviation Consumer Protection.
    Estimated Number of Respondents: 14,713 (based on averaging data
from CYs 2017-19).
    Estimated Total Burden on Respondents: 3,678.25 hours (220,695
minutes). The estimate was calculated by multiplying the average number
of cases filed using the online form in CYs17-19 (14,713) by the time
needed to fill out the online form (15 minutes).
    The information collection is available for inspection in
regulations.gov, as noted in the Addresses section of this document.
    Comments are Invited on: (a) Whether the collection of information
is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; (b) the accuracy of the Department's estimate of the burden of
the proposed information collection; (c) ways to enhance the quality,
utility and clarity of the information to be collected; and (d) ways to
minimize the burden of the collection of information on respondents.
    All responses to this notice will be summarized and included in the
request for OMB approval. All comments will also become a matter of
public record on the docket.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC, on November 23, 2021.
Kimberly Graber,
Deputy Assistant General Counsel, Office of Aviation Consumer
Protection.
[FR Doc. 2021-25891 Filed 11-26-21; 8:45 am]
BILLING CODE P


[Federal Register: February 20, 2009 (Volume 74, Number 33)]
[Rules and Regulations]
[Page 7796-7797]
[DOCID:fr20fe09-10]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0681; Directorate Identifier 2008-NE-13-AD;
Amendment 39-15805; AD 2009-03-04]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. Models Arriel 1E2, 1S,
and 1S1 Turboshaft Engines

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Turbomeca S.A. has informed EASA of a case of a ``red disk''
plug that has been actually installed on an engine which has been
subsequently released for service operation. This engine experienced
an in-service high pressure leak event (at the fuel pump outlet) due
to cracking of this ``red disk'' plug. This leak could lead to in-
flight flame-out and/or possibly a fire.

We are issuing this AD to prevent fuel leaks, which could result in a
fire and damage to the helicopter.

DATES: This AD becomes effective March 27, 2009. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in this AD as of March 27, 2009.

ADDRESSES: The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 25, 2008 (73 FR
35981). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    A plug adapted for engine bench testing (called ``red disk''
plug) and not approved for service operation, could inadvertently be
installed on the engine Fuel Control Unit 3-way union, instead of
the sealed plug approved for service operation.
    Turbomeca S.A. has informed EASA of a case of a ``red disk''
plug that has been actually installed on an engine which has been
subsequently released for service operation. This engine experienced
an in-service high pressure leak event (at the fuel pump outlet) due
to cracking of this ``red disk'' plug. This leak could lead to in-
flight flame-out and/or possibly a fire.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect about 179 products installed on helicopters of U.S. registry. We
also estimate that it will take about 0.5 work-hour per product to
comply with this AD. The average labor rate is $80 per work-hour.
Required parts will cost about $14 per product. Based on these figures,
we

estimate the cost of the AD on U.S. operators to be $9,666. Our cost
estimate is exclusive of possible warranty coverage.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. 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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is provided 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, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2009-03-04 Turbomeca S.A.: Amendment 39-15805. Docket No. FAA-2008-
0681; Directorate Identifier 2008-NE-13-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March
27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Turbomeca S.A. Models Arriel 1E2, 1S, and
1S1 turboshaft engines. These engines are installed on, but not
limited to, Eurocopter Deutschland MBB-BK 117 series and Sikorsky S-
76A series helicopters.

Reason

    (d) Turbomeca S.A. has informed EASA of a case of a ``red disk''
plug that has been actually installed on an engine which has been
subsequently released for service operation. This engine experienced
an in-service high pressure leak event (at the fuel pump outlet) due
to cracking of this ``red disk'' plug. This leak could lead to in-
flight flame-out and/or possibly a fire.

    We are issuing this AD to prevent fuel leaks, which could result
in a fire and damage to the helicopter.

Actions and Compliance

    (e) Unless already done, do the following actions.

    (1) Within 100 operating hours from effective date of this AD,
perform a one time inspection of the correct reference of the plug
installed on the FCU 3-way union (9 932 30 706 0) and verify its
torque to be set between 1.3 and 1.5 daN.m in accordance with
Turbomeca Mandatory Service Bulletin 292 73 0817.

Other FAA AD Provisions

    (f) Alternative Methods of Compliance (AMOCs): The Manager,
Engine Certification Office, FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19.

Related Information

    (g) Refer to MCAI EASA Airworthiness Directive 2008-0014, dated
January 17, 2008, for related information.
    (h) Contact James Lawrence, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax (781) 238-
7199, for more information about this AD.

Material Incorporated by Reference

    (i) You must use Turbomeca Mandatory Service Bulletin 292 73
0817, Version C, dated March 13, 2008 to do the actions required by
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Turbomeca, 40220 Tarnos, France; telephone 33 (0)5 59 74 40 00;
telex 570 042; fax 33 (0)5 59 74 45 15.
    (3) You may review copies at the FAA, New England Region, 12 New
England Executive Park, Burlington, MA; or at the National Archives
and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go
to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on January 21, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-3026 Filed 2-19-09; 8:45 am]

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