[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Notices]
[Pages 28069-28072]
[FR Doc No: 2017-12783]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1119]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Food Canning Establishment Registration, Process
Filing, and Recordkeeping for Acidified Foods and Thermally Processed
Low-Acid Foods in Hermetically Sealed Containers

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the information collection provisions of
reporting and recordkeeping requirements for firms that process
acidified foods and thermally processed low-acid foods in hermetically
sealed containers.

DATES: Submit either electronic or written comments on the collection
of information by August 21, 2017.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before August 21, 2017. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of August 21, 2017. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2013-N-1119 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Food Canning Establishment
Registration, Process Filing, and Recordkeeping for Acidified Foods and
Thermally Processed Low-Acid Foods in Hermetically Sealed Containers.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov/ or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov/. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov/ and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North,
10A63, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Under the PRA (44 U.S.C. 3501-3520), Federal Agencies must obtain
approval from the Office of Management and Budget (OMB) for each
collection of information they conduct or sponsor. ``Collection of
information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and
includes Agency requests or requirements that members of the public
submit reports, keep records, or provide information to a third party.
Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires
Federal Agencies to provide a 60-day notice in the Federal Register
concerning each proposed collection of information,

including each proposed extension of an existing collection of
information, before submitting the collection to OMB for approval. To
comply with this requirement, FDA is publishing notice of the proposed
collection of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Food Canning Establishment Registration, Process Filing, and
Recordkeeping for Acidified Foods and Thermally Processed Low-Acid
Foods in Hermetically Sealed Containers--21 CFR 108.25 and 108.35, and
Parts 113 and 114--OMB Control Number 0910-0037--Extension

    Section 402 of the Federal Food, Drug, and Cosmetic Act (the FD&C
Act) (21 U.S.C. 342) deems a food to be adulterated, in part, if the
food bears or contains any poisonous or deleterious substance which may
render it injurious to health. Section 301(a) of the FD&C Act (21
U.S.C. 331(a)) prohibits the introduction or delivery for introduction
into interstate commerce of adulterated food. Under section 404 of the
FD&C Act (21 U.S.C. 344), our regulations require registration of food
processing establishments, filing of process or other data, and
maintenance of processing and production records for acidified foods
and thermally processed low-acid foods in hermetically sealed
containers. These requirements are intended to ensure safe
manufacturing, processing, and packing procedures and to permit us to
verify that these procedures are being followed. Improperly processed
low-acid foods present life-threatening hazards if contaminated with
foodborne microorganisms, especially Clostridium botulinum. The spores
of C. botulinum need to be destroyed or inhibited to avoid production
of the deadly toxin that causes botulism. This is accomplished with
good manufacturing procedures, which must include the use of adequate
heat processes or other means of preservation.
    To protect the public health, our regulations require that each
firm that manufactures, processes, or packs acidified foods or
thermally processed low-acid foods in hermetically sealed containers
for introduction into interstate commerce register the establishment
with us using Form FDA 2541 (Sec. Sec.  108.25(c)(1) and 108.35(c)(2)
(21 CFR 108.25(c)(1) and 108.35(c)(2)). In addition to registering the
plant, each firm is required to provide data on the processes used to
produce these foods, using Form FDA 2541a for all methods except
aseptic processing, or Form FDA 2541c for aseptic processing of low-
acid foods in hermetically sealed containers (Sec. Sec.  108.25(c)(2)
and 108.35(c)(2)). Plant registration and process filing may be
accomplished simultaneously. Process data must be filed prior to
packing any new product, and operating processes and procedures must be
posted near the processing equipment or made available to the operator
(21 CFR 113.87(a)).
    Regulations in parts 108, 113, and 114 (21 CFR parts 108, 113, and
114) require firms to maintain records showing adherence to the
substantive requirements of the regulations. These records must be made
available to FDA on request. Firms also must document corrective
actions when process controls and procedures do not fall within
specified limits (Sec. Sec.  113.89, 114.89, and 114.100(c)); to report
any instance of potential health-endangering spoilage, process
deviation, or contamination with microorganisms where any lot of the
food has entered distribution in commerce (Sec. Sec.  108.25(d) and
108.35(d) and (e)); and to develop and keep on file plans for recalling
products that may endanger the public health (Sec. Sec.  108.25(e) and
108.35(f)). To permit lots to be traced after distribution, acidified
foods and thermally processed low-acid foods in hermetically sealed
containers must be marked with an identifying code (Sec. Sec.
113.60(c)) (thermally processed foods) and 114.80(b) (acidified
foods)).
    The records of processing information are periodically reviewed
during factory inspections by FDA to verify fulfillment of the
requirements in parts 113 or 114. Scheduled thermal processes are
examined and reviewed to determine their adequacy to protect public
health. In the event of a public health emergency, records are used to
pinpoint potentially hazardous foods rapidly and thus limit recall
activity to affected lots.
    As described in our regulations, processors may obtain the paper
versions of Forms FDA 2541, FDA 2541a, and FDA 2541c by contacting us
at a particular address. Processors mail completed paper forms to us.
However, processors who are subject to Sec.  108.25, Sec.  108.35, or
both, have an option to submit Forms FDA 2541, FDA 2541a, and FDA 2541c
electronically (Ref. 1) (see also 76 FR 11783 at 11785; March 3, 2011).
    Although we encourage commercial processors to use the electronic
submission system for plant registration and process filing, we will
continue to make paper-based forms available. To standardize the burden
associated with process filing, regardless of whether the process
filing is submitted electronically or using a paper form, we are
offering the public the opportunity to use four forms, each of which
pertain to a specific type of commercial processing and are available
both on the electronic submission system and as a paper-based form. The
electronic submission system and the paper-based form ``mirror'' each
other to the extent practicable. The four process filing forms are as
follows:
     Form FDA 2541d (Food Process Filing for Low-Acid Retorted
Method) (Ref. 3);
     Form FDA 2541e (Food Process Filing for Acidified Method)
(Ref. 4);
     Form FDA 2541f (Food Process Filing for Water Activity/
Formulation Control Method) (Ref. 5); and
     Form FDA 2541g (Food Process Filing for Low-Acid Aseptic
Systems) (Ref. 6).
    At this time, the paper-based versions of the four proposed
replacement forms and their instructions are all available for review
as references to this document (Refs. 4 through 6) or at https://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/AcidifiedLACFRegistration/ucm2007436.htm.
    Description of Respondents: The respondents to this information
collection are commercial processors and packers of acidified foods and
thermally processed low-acid foods in hermetically sealed containers.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Number of
          21 CFR section                FDA Form No.        Number of     responses per   Total annual     Average burden per response      Total hours
                                                           respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec.  Sec.   108.25(c)(1) and       2541...............             645               1             645  0.17 (10 minutes)..............             110
 108.35(c)(2); Food canning
 establishment registration.
Sec.   108.25(c)(2); Food process   2541e..............             726              11           7,986  0.333 (20 minutes).............           2,659
 filing for acidified method.
Sec.   108.35(c)(2); Food process   2541d..............             336              12           4,032  0.333 (20 minutes).............           1,343
 filing for low-acid retorted
 method.
Sec.   108.35(c)(2); Food process   2541f..............              37               6             222  0.333 (20 minutes).............              74
 filing for water activity/
 formulation control method.
Sec.   108.35(c)(2); Food process   2541g..............              42              22             924  0.75 (45 minutes)..............             693
 filing for low-acid aseptic
 systems.
Sec.  Sec.   108.25(d) and          N/A................               1               1               1  4..............................               4
 108.35(d) and (e); Report of any
 instance of potential health
 endangering spoilage, process
 deviation, or contamination with
 microorganisms where any lot of
 the food has entered distribution
 in commerce.
                                   ---------------------------------------------------------------------------------------------------------------------
    Total.........................  ...................  ..............  ..............  ..............  ...............................           4,883
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA bases its estimate of the number of respondents in table 1 on
registrations, process filings, and reports received over the past 3
years. The hours per response reporting estimates are based on our
experience with similar programs and information received from
industry. The reporting burden for Sec. Sec.  108.25(d) and 108.35(d)
and (e), is minimal because notification of spoilage, process
deviation, or contamination of product in distribution occurs less than
once a year. Most firms discover these problems before the product is
distributed and, therefore, are not required to report the occurrence.
We estimate that we will receive one report annually under Sec. Sec.
108.25(d) and 108.35(d) and (e). The report is expected to take 4 hours
per response, for a total of 4 hours.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
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                                                                                Number of                       Average burden
                            21 CFR part                                 Number of       records per      Total annual         per          Total hours
                                                                      recordkeepers     recordkeeper       records       recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
108, 113, and 114..................................................          10,392                1           10,392              250        2,598,000
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA bases its estimate of 10,392 recordkeepers in table 2 on its
records of the number of registered firms, excluding firms that were
inactive or out of business, yet still registered. To avoid double-
counting, we have not included estimates for Sec. Sec.  108.25(g),
108.35(c)(2)(ii), and 108.35(h) because they merely cross-reference
recordkeeping requirements contained in parts 113 and 114 and have been
accounted for in the recordkeeping burden estimate. We estimate that
10,392 firms will expend approximately 250 hours per year to fully
satisfy the recordkeeping requirements in parts 108, 113 and 114, for a
total of 2,598,000 hours.
    Finally, our regulations require that processors mark thermally
processed low-acid foods in hermetically sealed containers (Sec.
113.60(c)) and acidified foods (Sec.  114.80(b)) with an identifying
code to permit lots to be traced after distribution. We seek OMB
approval of the third party disclosure requirements in Sec. Sec.
113.60(c) and 114.80(b). However, we have not included a separate table
to report the estimated burden of these regulations. No burden has been
estimated for the third-party disclosure requirements in Sec. Sec.
113.60(c) and 114.80(b) because the coding process is done as a usual
and customary part of normal business activities. Coding is a business
practice in foods for liability purposes, inventory control, and
process control in the event of a problem. Under 5 CFR 1320.3(b)(2),
the time, effort, and financial resources necessary to comply with a
collection of information are excluded from the burden estimate if the
reporting, recordkeeping, or disclosure activities needed to comply are
usual and customary because they would occur in the normal course of
activities.

II. References

    The following references are on display in the Dockets Management
Staff (see ADDRESSES) and are available for viewing by interested
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also
available electronically at https://www.regulations.gov/. FDA has
verified the Web site addresses, as of the date this document publishes
in the Federal Register, but Web sites are subject to change over time.

1. FDA 2016. ``Guidance for Industry: Submitting Form FDA 2541 (Food
Canning Establishment Registration) and Forms FDA 2541a and FDA
2541c (Food Process Filing Forms) to FDA in Electronic or Paper
Format.'' Available at https://www.fda.gov/Food/GuidanceRegulation/
Guidance

DocumentsRegulatoryInformation/AcidifiedLACF/ucm309376.htm.
2. Form FDA 2541. Food Process Filing for All Methods Except Low-
Acid Aseptic. Available at https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM076778.pdf.
3. Form 2541d. Food Process Filing for Low-Acid Retorted Method.
Available at https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM465591.pdf.
4. Form 2541e. Food Process Filing for Acidified Method. Available
at https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM465593.pdf.
5. Form 2541f. Food Process Filing for Water Activity/Formulation
Control Method. Available at https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM465595.pdf.
6. Form 2541g. Food Process Filing for Low-Acid Aseptic Systems.
Available at https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM465598.pdf.

    Dated: June 14, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-12783 Filed 6-19-17; 8:45 am]
 BILLING CODE 4164-01-P


From:
Raymond, Gabrielle<EMAIL_ADDRESS>Sent:
Wednesday, January 6, 2021 5:14 PM
To:
<EMAIL_ADDRESS>Allen Dittenhoefer<EMAIL_ADDRESS>'Knight, Jeffrey A.'<EMAIL_ADDRESS>'Mary Kaplan'<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>Subject:
Coke - EPA responses to Boilers-New Method

Hello,

Thank you all very much for your review and comments on the Boilers  -  new method file.

Attached is the EPA's responses to the Boilers-New Method file:
CokeOvens-Example_Emissions_Calc-Boiler-New-Method-COETF Comments rev122220_EPA010621.xlsx

Please review and provide any comments by 1/19/2021.

EPA is still reviewing the fugitive pushing file.

Let us know if there are any questions.

Thank you for all your help,
Gabrielle

Gabrielle Raymond
she/her/hers
RTI International
3040 Cornwallis Road
P.O. Box 12194
Research Triangle Park, NC 27709
Phone:<PHONE_NUMBER>

<< CokeOvens-Example_Emissions_Calc-Boiler-New-Method-COETF Comments rev122220_EPA010621.xlsx >>


[Federal Register: October 18, 2007 (Volume 72, Number 201)]
[Rules and Regulations]
[Page 59019]
[DOCID:fr18oc07-11]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 222

[Docket No. FRA-2007-27285, Notice No. 2]
RIN 2130-AB86

Use of Locomotive Horns at Highway-Rail Grade Crossings;
Technical Amendments to Appendix D

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: On August 9, 2007, FRA published a direct final rule in the
Federal Register which made technical amendments to Appendix D of 49
CFR Part 222. As reflected in DOT Docket No. FRA-2007-27285, FRA did
not receive any comments or requests for an oral hearing on the direct
final rule. Therefore, FRA is issuing this document to confirm that the
direct final rule took effect on October 9, 2007, the date specified in
the rule.

DATES: The direct final rule published at 72 FR 44790, August 9, 2007,
is confirmed effective October 9, 2007.

FOR FURTHER INFORMATION CONTACT: Ronald Ries, Office of Safety, Mail
Stop 25, FRA, 1120 Vermont Avenue, NW., Washington, DC 20590
(telephone:<PHONE_NUMBER>); or Kathryn Shelton, Office of Chief
Counsel, Mail Stop 10, FRA, 1120 Vermont Avenue, NW., Washington, DC
20590 (telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: Pursuant to FRA's direct final rulemaking
procedures set forth at 49 CFR 211.33, FRA is issuing this document to
inform the public that it has not received any comments or requests for
an oral hearing on the direct final rule that was published in the
Federal Register on August 9, 2007 (72 FR 44790). The direct final rule
made technical amendments to Appendix D of 49 CFR Part 222 to update
information contained in the appendix and inform the public of the most
recent value of the Nationwide Significant Risk Threshold. As no
comments or requests for an oral hearing were received by FRA, this
document informs the public that the effective date of the direct final
rule remains as October 9, 2007, the date specified in the rule.

Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketsInfo.dot.gov
.

    Issued in Washington, DC, on October 15, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E7-20605 Filed 10-17-07; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register: October 27, 2010 (Volume 75, Number 207)]
[Notices]
[Page 66184-66185]
[DOCID:fr27oc10-126]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[DOT Docket No. DOT-OST-2010-0074]

The Future of Aviation Advisory Committee (FAAC) Subcommittee on
Financing; Notice of Meeting

AGENCY: Office of the Secretary of Transportation, U.S. Department of
Transportation.

ACTION: Notice of meeting.

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SUMMARY: The Department of Transportation, Office of the Secretary of
Transportation, announces a meeting of the FAAC Subcommittee on
Financing, which will be held at the offices of the General Aviation
Manufacturers Association, in Washington, DC. This notice announces the
date, time, and location of the meeting, which will be open to the
public. The purpose of the FAAC is to provide advice and
recommendations to the Secretary of Transportation to ensure the
competitiveness of the U.S. aviation industry and its capability to
manage effectively the evolving transportation needs, challenges, and

opportunities of the global economy. The Subcommittee on Financing will
address the need for a stable, secure, and sufficient level of funding
for our aviation system and make recommendations to the Secretary for
action. This is the fifth meeting of the subcommittee.

DATES: The meeting will be held on November 17, 2010, from 2 p.m. to 5
p.m. Eastern Standard Time.

ADDRESSES: The meeting will be held at the offices of the General
Aviation Manufacturers Association, 8th Floor, 1400 K Street,
Washington, DC 20533.
    Public Access: The meeting is open to the public. (See below for
registration instructions.)
    Public Comments: Persons wishing to offer written comments and
suggestions concerning the activities of the advisory committee or
Subcommittee on Financing should file comments in the Public Docket
(Docket Number DOT-OST-2010-0074 at http://www.Regulations.gov) or
alternatively through the<EMAIL_ADDRESS>e-mail. If comments and
suggestions are intended specifically for the Subcommittee on
Financing, the term ``Finance'' should be listed in the subject line of
the message. To ensure such comments can be considered by the
subcommittee before its November 17, 2010, meeting, public comments
must be filed by 5 p.m. Eastern Standard Time on November 12, 2010.

SUPPLEMENTARY INFORMATION:

Background

    Under section 10(a)(2) of the Federal Advisory Committee Act (5
U.S.C. App. 2), we are giving notice of an FAAC Subcommittee on
Financing meeting taking place on November 17, 2010, from 2 p.m. to 5
p.m. Eastern Standard Time, at the offices of the General Aviation
Manufacturers Association, 8th Floor, 1400 K Street, Washington, DC
20533. The agenda includes--
    1. Ratification of minutes from previous meeting.
    2. Finalization of the subcommittee's recommendations for
presentation at the final meeting of the FAAC on December 15, 2010.

Registration

    The meeting room can accommodate up to 20 members of the public.
Persons desiring to attend in person must pre-register by November 12,
2010, through e-mail to<EMAIL_ADDRESS>The term ``Registration:
Financing'' should be listed in the subject line of the message, and
admission will be limited to the first 20 persons to pre-register and
receive a confirmation of their pre-registration. Minutes of the
meeting will be taken and will be made available to the public.

Request for Special Accommodation

    The DOT is committed to providing equal access to this meeting for
all participants. If you need alternative formats or services because
of a disability, please send a request to<EMAIL_ADDRESS>with the term
``Special Accommodations'' listed in the subject line of the message by
close of business on November 12, 2010.

FOR FURTHER INFORMATION CONTACT: John Hennigan, Air Traffic
Organization, Federal Aviation Administration, 800 Independence Avenue,
SW., Room 409, Washington, DC 20591;<PHONE_NUMBER>.

    Issued in Washington, DC on October 22, 2010.
Pamela Hamilton-Powell,
Designated Federal Official, Future of Aviation Advisory Committee.
[FR Doc. 2010-27146 Filed 10-26-10; 8:45 am]
BILLING CODE P


[Federal Register: May 11, 2010 (Volume 75, Number 90)]
[Proposed Rules]
[Page 26157-26160]
[DOCID:fr11my10-29]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0293]
RIN 1625-AA00

Safety Zone; Reedville July 4th Celebration, Cockrell's Creek,
Reedville, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a temporary safety zone
on Cockrell's Creek in the vicinity of

Reedville, VA in support of the Reedville July 4th Celebration event.
This action is intended to restrict vessel traffic movement on
Cockrell's Creek to protect mariners from the hazards associated with
fireworks displays.

DATES: Comments and related material must be received by the Coast
Guard on or before June 1, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0293 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail LT Tiffany Duffy, Chief Waterways Management
Division, Sector Hampton Roads, Coast Guard; telephone<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0293), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0293'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0293'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Lieutenant Tiffany Duffy, Chief Waterways Management Division,
Sector Hampton Roads at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.

Basis and Purpose

    On July 2, 2010 Greater Reedville Association will sponsor a
fireworks display on Cockrell's Creek. The proposed safety zone is
intended to protect the public from any fall out that may enter the
water. Due to the need to protect mariners and spectators from the
hazards associated with the fireworks display, access to Cockrell's
Creek within 420 feet of the fireworks display will be temporarily
restricted.

Discussion of Proposed Rule

    The Coast Guard proposes establishing a safety zone on specified
waters of Cockrell's Creek in the vicinity of Reedville, Virginia. This
safety zone will encompass all navigable waters within 420 feet of the
fireworks display located at position 37[deg]49'54'' N/076[deg]16'44''
W (NAD 1983). This proposed safety zone will be established in the
interest of public safety during the Reedville July 4th Celebration
event and will be enforced from 8 p.m. to 10 p.m. on July 2, 2010.
Access to the safety zone will be restricted during the specified date
and times. Except for participants and vessels authorized by the
Captain of the Port or his Representative, no person or vessel may
enter or remain in the regulated area.
    The Coast Guard expects the temporary final rule will be effective
less than 30 days after publication in the Federal Register because
delaying the effective date would be contrary to the public interest
due to the need to protect the public from the dangers associated with
the fireworks display.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. Although this proposed
regulation restricts access to the safety zone, the effect of this rule
will not be significant because: (i) The safety zone will be in effect
for a limited duration; (ii) the zone is of limited size; and (iii) the
Coast Guard will make notifications via maritime advisories so mariners
can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities because the zone will only be in place for a
limited duration and maritime advisories will be issued allowing the
mariners to adjust their plans accordingly. However, this rule may
affect the following entities, some of which may be small entities: the
owners and operators of vessels intending to transit or anchor in that
portion of Cockrell's Creek from 8 p.m. to 10 p.m. on July 2, 2010.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Tiffany Duffy, Chief,
Waterways Management Division, Sector Hampton Roads at<PHONE_NUMBER>.
The Coast Guard will not retaliate against small entities that question
or complain about this proposed rule or any policy or action of the
Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
establishing a safety zone around a fireworks display. The fireworks
are launched from land and the safety zone is intended to keep mariners
away from any fall out that may enter the water. Therefore this rule is
expected to be categorically excluded, under section 2.B.2. Figure 2-1,
paragraph 34(g), of the Instruction.
    A preliminary environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
    2. Add Sec.  165.T05-0293 to read as follows:

Sec.  165.T05-0293  Safety Zone; Reedville July 4th Celebration,
Cockrell's Creek, Reedville, VA.

    (a) Regulated Area. The following area is a safety zone: specified
waters of Cockrell's Creek located within a 420 foot radius of the
fireworks display at approximate position 37[deg]49'54'' N/
076[deg]16'44'' W (NAD 1983) in the vicinity of Reedville, VA.
    (b) Definition. For the purposes of this part, Captain of the Port
Representative means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his behalf.
    (c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone Number<PHONE_NUMBER>.
    (4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
    (d) Enforcement Period: This regulation will be enforced on July 2,
2010 from 8 p.m. until 10 p.m.

    Dated: April 24, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 2010-11087 Filed 5-10-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4098-4099]
[FR Doc No: 2018-01602]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-425 OMB Control No. 3235-0468]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213

Extension:
    Rule 10A-1.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for extension of the previously approved
collection of information discussed below.
    Rule 10A-1 (17 CFR 240.10A-1) implements the reporting requirements
in Section 10A of the Exchange Act (15 U.S.C. 78j-1), which was enacted
by Congress on December 22, 1995 as part of the Private Securities
Litigation Reform Act of 1995, Public Law 104-67, 109 Stat 737. Under
section 10A and Rule 10A-1 reporting occurs only if a registrant's
board of directors receives a report from its auditor that (1) there is
an illegal act material to the registrant's financial statements, (2)
senior

management and the board have not taken timely and appropriate remedial
action, and (3) the failure to take such action is reasonably expected
to warrant the auditor's modification of the audit report or
resignation from the audit engagement. The board of directors must
notify the Commission within one business day of receiving such a
report. If the board fails to provide that notice, then the auditor,
within the next business day, must provide the Commission with a copy
of the report that it gave to the board.
    Likely respondents are those registrants filing audited financial
statements under the Securities Exchange Act of 1934 (15 U.S.C. 78a, et
seq.) and the Investment Company Act of 1940 (15 U.S.C. 80a-1, et
seq.).
    It is estimated that Rule 10A-1 results in an aggregate additional
reporting burden of 5 hours per year. The estimated average burden
hours are solely for purposes of the Paperwork Reduction Act and are
not derived from a comprehensive or even a representative survey or
study of the costs of SEC rules or forms.
    There are no recordkeeping retention periods in Rule 10A-1. Because
of the one business day reporting periods, recordkeeping retention
periods should not be significant.
    Filing the notice or report under Rule 10A-1 is mandatory once the
conditions noted above have been satisfied. Because these notices and
reports discuss potential illegal acts, they are considered to be
investigative records and are kept confidential.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view the information discussed in this notice at
www.reginfo.gov . Comments should be directed to: (i) Desk Officer for
the Securities and Exchange Commission, Office of Information and
Regulatory Affairs, Office of Management and Budget, Room 10102, New
Executive Office Building, Washington, DC 20503, or by sending an email
to: [email protected] ; and (ii) Pamela Dyson, Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE, Washington, DC 20549 or send an email
to: [email protected]. Comments must be submitted to OMB within 30
days of this notice.

     Dated: January 24, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01602 Filed 1-26-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Rules and Regulations]
[Pages 2689-2692]
[FR Doc No: 2022-00862]

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

Federal Aviation Administration

14 CFR Part 29

[Docket No. FAA-2021-0065; Special Conditions No. 29-054-SC]

Special Conditions: Bell Textron Inc. Model 525 Helicopter; Fly-
By-Wire Flight Control System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Bell Textron Inc.
(Bell) Model 525 helicopter. This helicopter will have a novel or
unusual design feature associated with a fly-by-wire (FBW) flight
control system (FCS). The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: Effective February 18, 2022.

FOR FURTHER INFORMATION CONTACT: John VanHoudt, FAA, Dynamic Systems
Section, AIR-627, Technical Innovation Policy Branch, Policy and
Innovation Division, Aircraft Certification Service, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524; telephone and fax<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On December 15, 2011, Bell applied for a type certificate for a new
transport category helicopter, designated as the Model 525, under Title
14, Code of Federal Regulations (CFR) part 29. Bell applied for
multiple extensions, with the most recent occurring on November 12,
2020. The date of the updated type certification basis is December 31,
2016, based upon the applicant's proposed type certificate issuance
date of December 31, 2021. The Model 525 is a

medium twin-engine rotorcraft. The design maximum takeoff weight is
20,500 pounds, with a maximum capacity of 19 passengers and a crew of
two.
    The Bell Model 525 helicopter will be equipped with a four axis
full authority digital FBW FCS that provides for aircraft control
through pilot input and coupled flight director modes. The design of
the Bell Model 525 FBW controls, which provides no direct hydro-
mechanical linkage between the primary cockpit flight controls or
inceptors and the main and tail rotor actuators, is a first for
commercial rotorcraft use. Therefore, the regulations do not contain
adequate or appropriate safety standards for this new design feature.
    The rotorcraft industry is producing new generations of
helicopters, and gradually increasing size, speed, load capacity, and
technical sophistication. In recent years, an accelerated trend has
occurred using rotorcraft for a wide range of commercial and industrial
applications. This has resulted in increased complexity of modern
control systems and increased use of automation in flight control
systems, including the implementation of advanced flight control
systems such as FBW FCS.
    Section 29.671(c), which provides requirements for transport
category rotorcraft control systems, does not contain adequate or
appropriate safety standards for this new design feature. Section
29.671(c) requires, in part, a means to allow the pilot to determine
that full control authority is available prior to flight. This command
control authority is typically achieved by verifying movement of the
control quadrant through an unassisted mechanical pilot-initiated
manipulation of the primary flight controls prior to flight. Although
this approach does not guarantee that 100% maximum control movement of
the flight controls has been achieved prior to flight, it has been
deemed appropriate for mechanical flight control systems.
    Unlike traditional mechanical flight control systems, the FBW FCS
reduces the opportunity for jamming of the flight controls due to
mechanical bind, improper servo adjustment resulting from faulty
maintenance, or presence of a foreign object in the control mechanism
that will impair safety. This reduced exposure for jams is due to the
replacement of the mechanical linkages between the primary cockpit
flight controls or inceptors and the main and tail rotor actuators with
digital signal processing wiring. However, the FBW FCS does increase
the potential for latent failures or faults that could impair full
control authority, unless a means exists to ensure the FBW FCS is fully
functional and free of control authority impairment prior to flight. A
FBW system may have the ability to verify full control authority
without having to move the primary flight controls.
    Although part 29 does not contain adequate or appropriate safety
standards for this novel or unusual design feature, 14 CFR 25.671,
amendment 25-23, provides these requirements for transport category
airplanes. Accordingly, these special conditions are based on Sec.
25.671 to provide requirements for a FBW FCS on the Bell Model 525
helicopter. Section 25.671(c) provides the same level of safety as
intended by Sec.  29.671(c) when employing a FBW FCS by including
requirements for jamming and failure analysis. These special conditions
require a comprehensive safety analysis of the aircraft's FBW FCS to
include failures due to command logic (software), mechanical and
electronic interfaces to other systems, jamming, and maintenance.
Therefore, in conjunction with Sec.  29.671(a) and (b), these special
conditions incorporate provisions from Sec.  25.671(c) to establish a
level of safety equivalent to that established in the regulations.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Bell must show that the Model
525 helicopter meets the applicable provisions of part 29, as amended
by Amendments 29 through 55 thereto. The Bell Model 525 certification
basis date is December 31, 2016.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., part 29) do not contain adequate or appropriate
safety standards for the Bell Model 525 because of a novel or unusual
design feature, special conditions are prescribed under the provisions
of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Bell Model 525 helicopter must comply with the noise
certification requirements of 14 CFR part 36, and the FAA must issue a
finding of regulatory adequacy under Sec.  611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Bell Model 525 helicopter will incorporate the following novel
or unusual design features: A FBW FCS.
    This new design feature has no direct hydro-mechanical linkage
between the primary cockpit flight controls or inceptors and the main
and tail rotor actuators, thereby eliminating the more complex elements
of either a manual movement of the controls by the pilot, or another
manual means.

Discussion

    These special conditions require that a means be available to show
full control authority for all powered control systems.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Discussion of Comments

    The FAA issued Notice of Proposed Special Conditions No. 29-054-SC
for the Bell Model 525 helicopter, which published in the Federal
Register on January 29, 2021 (86 FR 7516). The FAA received one
response, from the European Union Aviation Safety Agency (EASA).
    The FAA proposed the special conditions, which are based on current
Sec.  25.671(c), in lieu of Sec.  29.671(c). EASA requested the FAA
explain its rationale for replacing Sec.  29.671(c), which requires a
means to allow either full movement of all primary flight controls or a
determination by the pilot that full control authority is available
prior to flight. EASA stated that although FBW reduces the risk of
jamming, it does not alleviate the need to allow checking the full
control movement prior to flight and thus a pre-flight check is still
necessary.
    The FAA is not replacing the requirement for a pre-flight check.
Instead, these special conditions include a requirement for a
comprehensive safety analysis to ensure the FBW FCS is fully functional
and free of control authority impairment prior to flight. The
comprehensive safety analysis should address failures due to command
logic (software), mechanical and electronic interfaces to other
systems, jamming, and maintenance. The safety analysis should also
identify the existence of any latent faults.

Therefore, the means to ensure the FBW FCS is fully functional and free
of control authority impairment prior to flight is based on the results
of the comprehensive safety analysis. The means to ensure the safety
objective of the special conditions is met may consist of design,
analysis, test, built in test, and limited pre-flight checks.
    EASA noted the proposed special conditions, although derived from
Sec.  25.671(c), are not aligned with EASA's latest Certification
Specifications (CS) 25.671 (Amendment 24).
    Under Sec.  21.16, special conditions prescribed by the FAA must
establish a level of safety equivalent to that established in the FAA's
existing regulations. Accordingly, the FAA based these special
conditions on 14 CFR 25.671(c) and not on EASA's certification
specifications.
    EASA requested the FAA clarify its use of the term ``continued safe
flight and landing'' used in the proposed special conditions. EASA
stated the term has a specific definition for flight control failures
on large airplanes and asked whether the FAA will use a consistent
definition for failure conditions under Sec.  29.1309. EASA also asked
whether the FAA will provide a definition of ``continued safe flight
and landing'' in the context of flight control failures.
    Advisory Circular 29-2C, Certification of Transport Category
Rotorcraft (AC 29-2C), contains a definition for ``continued safe
flight and landing.'' The FAA plans to use this definition for the
purposes of these special conditions.
    EASA stated the proposed special conditions introduce the term
``normal flight envelope,'' which is not present in EASA's CS 29
regulation. EASA questioned whether it is relevant only to the Bell
Model 525 and whether it means the same as ``operating'' envelope.
    When Sec.  25.671 was incorporated, the ``normal flight envelope''
was the aircraft approved operating limitations contained in the
aircraft flight manual. This proposed special condition has the same
intent. In order to provide clarity and consistency in the language
between this special condition and Sec.  29.672, the wording will be
revised to approved operating limitations.
    EASA asked what the FAA means by the proposed requirement that
``probable failures have only minor effects.'' Specifically, EASA asked
whether a probable failure is greater than 1E-5 per flight
hour and whether ``no safety effect'' would be a noncompliance.
    In AC 29-2C, the upper part of the range previously applied to the
term ``probable'' has been redefined as ``reasonably probable.''
Accordingly, the FAA has revised these special conditions by replacing
``probable'' with ``reasonably probable.'' As provided in AC 29-2C,
reasonably probable events are based on a probability on the order of
between 10-3 to 10-5. If a failure is classified
as ``no safety effect,'' then no further showing of compliance would be
required.
    EASA requested the FAA change the language in paragraphs (1) and
(2) of the proposed special conditions to reference failures as defined
in Sec.  29.671(c)(3). EASA states its suggested language will avoid a
gap between EASA CS 29.671(c)(1) and 29.671(c)(3).
    The FAA agrees and made the suggested change in the special
conditions.
    EASA stated that if the FAA's special conditions have a no single
failure criterion under Sec.  29.1309, then jams under Sec.
29.671(c)(3) may need to be excluded. EASA referenced CS 25.1309
(Amendment 24) for no single failure.
    EASA is correct; there is no criteria for single failure in Sec.
29.1309. As such, the FAA has removed the ``single'' descriptor from
the special conditions language to be consistent with Sec.  29.1309
safety objectives. The FAA does not agree that jams under Sec.
29.671(c)(3) need to be excluded. Any failure condition that can be
shown to be extremely improbable isn't limited by failures that occur
from a single source.
    EASA stated that using language from Sec.  25.671(c), which is
applicable to transport category airplanes, is overly ambitious for
rotorcraft. EASA asked several hypothetical questions concerning how an
applicant would show compliance and requested the FAA provide further
guidance.
    Section 29.671(c), which these special conditions replace as a
certification requirement for the Model 525, requires either a means to
allow full control movement of the primary flight controls prior to
flight or a means that will allow the pilot to determine that full
control authority is available prior to flight. The language utilized
from Sec.  25.671(c) for these special conditions ensures verification
of the control authority prior to flight via a comprehensive safety
analysis. This analysis is necessary to address failures that could not
be detected by full control movement of the digital primary flight
controls.
    EASA requested the FAA clarify whether Sec.  29.691 is sufficient
for an FBW system or whether specific guidance is needed for FBW flight
controls after a power failure at entry into and during autorotation.
    The requirements in Sec.  29.691, and the accompanying guidance in
AC 29-2C, are sufficient for an FBW system. Section 29.691 requires
that the flight control design allow rapid entry into autorotation
after a power failure. AC 29-2C provides that applicants may comply
with this rule through an evaluation as part of the Type Inspection
Authorization test program.
    EASA requested the FAA clarify the meaning of ``normally
encountered'' in paragraph (3) of the proposed special conditions.
Specifically, EASA asked whether there are jams that are not considered
normal and are therefore excluded from the assessment. EASA further
noted that the flight conditions listed in paragraph (3) of the
proposed special conditions are contrary to the maneuvers required by
Sec. Sec.  29.141 and 29.143.
    The FAA intended these special conditions to address jams
encountered during any flight condition including transitions between
flight conditions. The FAA has revised paragraph (3) accordingly.
    EASA requested the FAA clarify the relationship between the
proposed special conditions and Sec.  29.685(a), which addresses flight
control jamming. EASA noted the approach in Sec.  29.685(a) is
different from the one proposed in the special conditions, as Sec.
29.685(a) requires the design of the control system to prevent jamming.
EASA states the proposed special conditions would not provide credit
for jamming that may result in a condition where continued safe flight
is guaranteed.
    Section 29.685(a) contains a design requirement for mechanical
controls and is limited in scope. These special conditions are broader
and include FBW primary flight controls that did not exist when Sec.
29.685 was promulgated in 1964. Regarding EASA's statement about
credit, paragraph (3) of these special conditions require reducing
jamming in any phase of flight to a level capable of continued safe
flight and landing.

Applicability

    These special conditions are applicable to the Bell Model 525
helicopter. Should Bell apply at a later date for a change to the type
certificate to include another model incorporating the same novel or
unusual design feature, these special conditions would apply to that
model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on the Bell Model 525 helicopter. It is not a rule of general
applicability.

List of Subjects in 14 CFR Part 29

    Aircraft, Aviation safety, Reporting, and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the Bell Textron Inc. Model 525
helicopter. Unless otherwise stated, the following special conditions
will be used in lieu of Sec.  29.671(c).
    The rotorcraft must be shown by analysis and tests, to be capable
of continued safe flight and landing after any of the following
failures or jamming in the flight control system for any speed or
altitude within the approved operating limitations, without requiring
exceptional piloting skill or strength. Reasonably probable failures
must have only minor effects.
    (1) Any failure, excluding a jam as listed in paragraph (3).
    (2) Any combination of failures not shown to be extremely
improbable, excluding a jam as listed in paragraph (3).
    (3) Any jam in a control position encountered during any flight
condition, including transitions, within the approved operating
limitations, unless the jam is shown to be extremely improbable, or can
be alleviated.

    Issued in Kansas City, Missouri, on January 12, 2022.
Patrick Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2022-00862 Filed 1-18-22; 8:45 am]
BILLING CODE 4910-13-P