apply the CE to the proposed action, it must prepare an EA or EIS, as
appropriate.
---------------------------------------------------------------------------

    \5\ For the purposes of 23 CFR part 771, ``unusual
circumstances'' is synonymous with ``extraordinary circumstances.''
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    (b) Extraordinary circumstances. With respect to the CEs listed in
Appendix A of this part, extraordinary circumstances include:
    (1) Inconsistency with any applicable Federal, State, Tribal, or
local law, requirement, or administrative determination relating to the
protection of the environment;

    (2) Substantial increases of noise in a noise-sensitive area;
    (3) Substantial adverse effects that are reasonably foreseeable on
the following aspects of the environment:
    (i) Species listed or proposed to be listed on the List of
Endangered or Threatened Species, or designated Critical Habitat for
these species, as promulgated under 16 U.S.C. 1533(c)(1);
    (ii) Properties protected under 54 U.S.C. 306108 (Section 106 of
the National Historic Preservation Act of 1966, as amended);
    (iii) Properties protected under 23 U.S.C. 138 or 49 U.S.C. 303
(Section 4(f));
    (iv) A site that involves a unique characteristic of the geographic
area, such as prime or unique agricultural land, a coastal zone, a
historic or cultural resource, park land, wetland, wild and scenic
river, designated wilderness or wilderness study area, sole source
aquifer (potential sources of drinking water), or an ecologically
critical area; or
    (v) Applicable Federal, State, or local air quality standards,
including those under the Clean Air Act, as amended (42 U.S.C. 7401, et
seq.);
    (4) Substantial short- or long-term increases in traffic congestion
or traffic volumes on any mode of transportation that are reasonably
foreseeable; or
    (5) Substantial impacts on the environment resulting from the
reasonably foreseeable, reportable release of hazardous or toxic
substances.
    (c) Multimodal projects. For multimodal projects, as defined by 23
U.S.C. 139(a), an OA may use the process created under 49 U.S.C. 304
for the application of another OA's CE for that project.

Sec.  13.19  Environmental Assessments.

    (a) When to prepare an environmental assessment. An OA must prepare
an EA when a proposed action is not categorically excluded and a
determination whether to prepare an EIS has not been made or it is
required under OA Procedures; or a normally categorically excluded
action may involve significant environmental impacts, but does not
clearly require the preparation of an EIS. However, an OA need not
prepare an EA if it determines that an EIS is necessary or preferable.
(See 40 CFR 1501.5 and 1508.1(h)). Examples of typical classes of
actions that normally require an EA but not necessarily an EIS are
listed in OA Procedures.
    (b) Contents. An EA must include the purpose and need for the
proposal; a description of the proposed action and alternative(s) as
required by 42 U.S.C. 4332(2)(E) (section 102(2)(E) of NEPA), as well
as the ``no action'' alternative; the environmental impacts of the
proposed action and alternatives; and the agencies and persons
consulted.
    (c) Page limits. EAs must be no more than 75 pages unless a senior
agency official approves in writing an EA to exceed 75 pages and
establishes a new page limit. OAs must obtain approval from an OA
Administrator when the Administrator has been designated as a senior
agency official for the OA or, for OST actions, the Assistant Secretary
if an EA is anticipated to exceed the page limits. An EA should be as
concise as possible while proportional to the magnitude of the proposed
action and anticipated impacts.
    (d) Time limits: EAs should be completed within one year from the
agency's' determination to prepare an EA. If during development of the
EA, the OA concludes that there will be significant impacts, the OA
should issue an NOI and the time limits for EISs would apply. OAs must
obtain approval from an OA Administrator when the Administrator has
been designated as a senior agency official for the OA or, for OST
actions, the Assistant Secretary if an EA needs a longer time period
than one year. This request must be in writing and provide a reasonable
timeframe for the OA to complete the EA. 40 CFR 1501.10(a)(1).
    (e) Alternatives. The EA must include the alternatives the OA will
consider in its decisionmaking, which may be limited to the proposed
action and no action alternative to the extent consistent with
applicable authority including NEPA Section 102(2)(E). The EA should
address alternatives to a degree commensurate with the nature of the
proposed action and OA experience with the environmental issues
involved. The EA should indicate a preferred alternative, if the OA
identified one. For alternatives considered and eliminated from further
study, an EA should briefly explain why they were eliminated.
    (f) Compliance with other applicable environmental laws,
regulations and orders. In accordance with Sec.  13.13(a), the EA
should reflect compliance or plans for compliance with the requirements
of other applicable environmental laws, regulations, and orders, such
as those listed in Appendix C of this part.
    (g) Independent evaluation. If an applicant prepares an EA, the OA
must independently evaluate the environmental issues and take
responsibility for the accuracy, scope, and contents of the EA. (40 CFR
1506.5(b)(2)).
    (h) Public comment. An OA must involve the public, State, Tribal
and local governments, relevant agencies, and any applicants to the
extent practicable in the development of the EA. (40 CFR 1501.5(e)). At
its discretion, an OA may prepare a draft EA for public comment. When
an OA prepares a draft EA for public comment, it must consider
substantive comments received on a draft EA in the final EA or FONSI.
An OA must make EAs available to the public. (See 40 CFR 1506.6(b)). In
the circumstances defined in 40 CFR 1501.6(a)(2), a copy of the EA
should be made available to the public for a period of not less than 30
days before the FONSI is made and the action is implemented.

Sec.  13.21  Findings of No Significant Impact.

    (a) Contents. A FONSI must briefly explain why a proposed action
analyzed in an EA will not have a significant impact on the environment
and therefore does not require the preparation of an EIS. (40 CFR
1501.6). A FONSI must include the EA or summarize it and incorporate
the EA by reference, and must note any other related NEPA documents.
(See 40 CFR 1501.6(b) and 1501.9(f)(3)). An OA must make the FONSI
available to the public as specified in 40 CFR 1506.6(b) and consistent
with 40 CFR 1507.4 and OA Procedures.
    (b) Mitigated FONSIs. In accordance with Sec.  13.13(g), an OA may
rely on mitigation measures to reduce potentially significant adverse
impacts below the level of significance that would trigger the
preparation of an EIS. To use this approach, the OA must:
    (1) Describe in the FONSI the mitigation measures necessary to
reduce the potential impacts to a level below significance;
    (2) Ensure that sufficient legal authority and an adequate
commitment of resources exist to execute the mitigation measures,
including funding as necessary;
    (3) Ensure that the articles of agreement, award or grant
agreement, permit, license, authorization, or other document reflecting
the OA's final decision on the action will require implementation of
the mitigation measures;
    (4) Ensure that any monitoring strategies described in the FONSI
will be adopted when the OA deems them appropriate for the particular
action and set of mitigation measures. This may include making an
applicant responsible for implementing the monitoring strategies.
Environmental Management Systems may be used for

tracking and monitoring mitigation commitments; and
    (5) Provide for corrective action, where appropriate, in the event
of a failure to implement the mitigation measures or a failure in the
effectiveness of the mitigation measures.

Sec.  13.23  Environmental Impact Statements.

    (a) When to prepare an EIS. An OA must prepare an EIS for any
proposed major Federal action significantly affecting the quality of
the human environment (42 U.S.C. 4332(2)(C)). Examples of typical
actions that normally require an EIS are listed in OA Procedures.
    (b) Notice of Intent. To initiate an EIS, the OA must publish a
notice of intent (NOI) to prepare an EIS in the Federal Register (40
CFR 1501.9(d) and 1508.1(u)).
    (c) Scoping. The OA must determine the scope of and the significant
issues to be analyzed in depth in the EIS, and it must identify and
eliminate from detailed study the issues that are not significant or
covered by prior environmental review (40 CFR 1501.9(f)(1); see also 40
CFR 1506.3 and 1508.1(cc)). To determine significance, the OA must
evaluate the potentially affected environment and the degree of the
effects of the proposed action. See Section 13.15(c).
    (d) EISs impacts on another State or a Federal land management
entity. Pursuant to 42 U.S.C. 4332(2)(D) (NEPA Section 102(2)(D)),
where a State agency or official with statewide jurisdiction initiates
a proposed action that may have significant impacts on any other State
or a Federal land management entity, the OA must provide early notice
to and solicit the views of those State or Federal land management
entities.
    (e) Format and content. The format of the EIS must be consistent
with the format provided at 40 CFR 1502.10, unless the OA determines
there is a more effective format for communication that encourages good
analysis and clear presentation of alternatives, and include the
following: A cover (40 CFR 1502.11); a summary (40 CFR 1502.12); a
table of contents (40 CFR 1502.10(a)(3)); a list of preparers (40 CFR
1502.18); and appendices (40 CFR 1502.19), if the OA prepares any. The
EIS must include the following:
    (1) Purpose and need. The EIS must briefly describe the underlying
purpose and need for the proposed action. (40 CFR 1502.13).
    (2) Alternatives. Consistent with 40 CFR 1502.14 and 1508.1(z), the
OA must evaluate reasonable alternatives, including the proposed action
and the no action alternative, and a reasonable range of alternatives
that are technically and economically feasible, meet the purpose and
need for the proposed action, and, where applicable, meet the goals of
the applicant. The OA should present the environmental impacts of the
proposal and alternatives in comparative form. The OA should limit
consideration to a reasonable number and reasonable range of
alternatives. The EIS must identify alternatives considered but
eliminated from detailed analysis and briefly discuss the reasons for
their exclusion. The Draft EIS (DEIS) should identify the OA's
preferred alternative or alternatives, if one or more exists, unless in
conflict with other laws. If the DEIS did not identify the preferred
alternative, the OA should provide agencies and the public with an
opportunity to assess the environmental consequences of the preferred
alternative prior to issuing a combined FEIS/ROD, or the OA should
provide for a waiting period consistent with paragraph (k)(1) of this
section. The FEIS or combined FEIS/ROD must identify the preferred
alternative or alternatives unless the requirements of another statute
provide otherwise.
    (3) Affected environment. The EIS must succinctly describe the
environment of the area(s) affected or created by the alternatives
under consideration, including the reasonably foreseeable environmental
trends and planned actions in the area(s). Data and analyses must be
commensurate with the importance of the impact. (40 CFR 1502.15).
    (4) Environmental consequences. The EIS must discuss the
environmental consequences of the proposal and the alternatives. The
EIS must describe both beneficial and adverse environmental impacts of
the proposed action and reasonable alternatives and the significance of
those impacts. The EIS also must describe any adverse environmental
impacts that cannot be avoided if the proposal is adopted, the
relationship between short-term uses of the environment and long-term
productivity, any irreversible or irretrievable commitments of
resources that would occur, and other requirements of 40 CFR
1502.16(a)(1) through (10).
    (5) Mitigation. The EIS must discuss appropriate measures for
mitigating adverse environmental impacts of the proposed action or
alternatives. (See 40 CFR 1502.14(e), 1502.16(a)(9), and 1508.1(s)).
    (6) Summary of submitted alternatives, information, and analyses.
The EIS must include a summary that identifies all alternatives,
information, and analyses submitted by State, Tribal, and local
governments and other public commenters during the scoping process for
consideration by the lead and cooperating agencies in developing the
EIS. The OA should either append to the EIS or otherwise publish all
comments that were received during the scoping process that identified
alternatives, information, and analyses for the OA's consideration. The
FEIS must include a summary that identifies all alternatives,
information, and analyses submitted by State, Tribal, and local
governments and other public commenters for consideration by the lead
and cooperating agencies in developing the FEIS. (See 40 CFR 1502.17).
    (f) Page limits. The text of the EIS set forth in paragraphs (e)(1)
through (5) of this section must be 150 pages or less, and 300 pages or
less for proposed actions of unusual scope or complexity. OAs must
obtain approval from the Assistant Secretary if an EIS is anticipated
to exceed the page limits. (See 40 CFR 1502.7 and 1508.1(v)).
    (g) Time limits. EISs must be completed within two years from the
date of publication of the NOI. OAs must obtain approval from the
Assistant Secretary if an EIS will require a longer time period than
two years from NOI to ROD. This request must be in writing and provide
a reasonable timeframe for the OA to complete the EIS. (40 CFR
1501.10(b)(2)).
    (h) Document cost. The OA must include the total cost (Federal and
non-Federal) of the EIS on the cover page of the FEIS and Supplemental
Environmental Impact Statement (SEIS), which includes the entire cost
of the environmental review to the extent practicable. (See 40 CFR
1502.11(g)).
    (i) Filing with the U.S. Environmental Protection Agency. OAs must
file EISs with the U.S. Environmental Protection Agency (EPA) when they
are transmitted to commenting agencies and made available to the
public, or immediately thereafter. (40 CFR 1506.10). OAs must file EISs
with EPA in accordance with EPA filing guidance.
    (j) Public notice and notice of availability. OAs should notify the
public of the availability of EISs through methods such as online
notices, social media, direct notification to interested parties, and
notices in local media so as to inform those persons and agencies who
may be interested or affected by the proposed action. (See 40 CFR
1506.6(b)). OAs must consider the ability of affected persons and
agencies to access electronic media in providing public notice of NEPA-
related opportunities for public involvement. OAs must notify those
parties who have requested notice

on an individual action. In the case of an action with impacts of
national concern, notice must include publication in the Federal
Register (through EPA's notice of availability of EISs or a separate
notice) and notice by email, mail, or other reasonable means to
organizations, agencies, and those persons reasonably expected to be
interested or affected by the proposed action. Although electronic
distribution is preferred, the OA should make documents available in
other formats when reasonably necessary and must make available hard
copies of the EIS upon request. The OA must make the EIS available to
the public without charge to the fullest extent practicable or at no
more than the actual cost of reproduction. (See 40 CFR 1506.6(f)).
    (k) Timing. An OA may not make a decision on the proposed action
until 90 days after publication of EPA's notice of availability of the
DEIS. (40 CFR 1506.11(b)(1)).
    (1) Waiting period. When an OA determines, it is not practicable to
issue a combined FEIS/ROD pursuant to Sec.  13.27(c), it may not make a
decision on the proposed action until 30 days after the publication of
EPA's notice of availability of the FEIS. (40 CFR 1506.11(b)(2)).
    (2) Reducing time periods. If an OA believes it is necessary to
reduce the prescribed time periods for EIS processing, it must request
the reduction from EPA, which may reduce the prescribed periods based
upon a showing of compelling reasons of national policy (40 CFR
1506.11(d)), and notify the Office of Policy of this request.
    (3) Extending time periods. OAs may grant requests for reasonable
extensions of the comment period when warranted by the magnitude and
complexity of the proposed action or extent of public interest. When
granting an extension, the OA should notify EPA so it may modify its
notice of availability.

Sec.  13.25   Draft Environmental Impact Statements.

    (a) Timing of preparation of the DEIS. Preparation of the DEIS
should begin as close as possible to the time a proposal is developed
so that the analysis of the environmental impacts and the exploration
of alternatives can be meaningfully considered in the decision-making
process. For rulemakings, the OA should release the DEIS prior to or
concurrent with the issuance of the proposed rule. (See 40 CFR 1502.5).
    (b) Combined FEIS/ROD. Consistent with 49 U.S.C. 304a(b) or 23
U.S.C. 139(n)(2), as applicable, and Sec.  13.27(c), the DEIS should
include a statement of the OA's intent to issue a combined FEIS/ROD and
identify a preferred alternative.
    (c) Circulation and request for comment. The OA must make the DEIS
available with an invitation to comment to:
    (1) The public;
    (2) All cooperating agencies and other Federal agencies with
jurisdiction by law or special expertise with respect to the
environmental impacts involved;
    (3) State, Tribal, or local agencies with authority to develop and
enforce environmental standards;
    (4) Any agency that has requested that it receive statements on
actions of the kind proposed;
    (5) Interested or affected persons, agencies, and organizations;
    (6) EPA;
    (7) Federally Recognized Indian Tribes, Alaska Natives, and Native
Hawaiians, as appropriate;
    (8) The applicant, if any; and
    (9) Other OAs, where appropriate. (See 40 CFR 1502.20, 1503.1, and
1506.6).
    (d) Electronic submission. OAs must provide for electronic
submission of public comments as well as ensure that the comment
process is accessible to persons who may be affected by the proposed
action(s). (See 40 CFR 1503.1(c)).

Sec.  13.27   Final Environmental Impact Statements.

    (a) Response to comments. In the FEIS, the OA should make every
practicable effort to resolve major, relevant issues identified in
comments on the DEIS, the public involvement process, and consultation
with cooperating agencies. The FEIS should identify any unresolved
major issues, and the consultation and efforts made to resolve those
issues. In response to substantive comments on the DEIS, the OA should
do one or more of the following and state the response in the FEIS:
Modify alternatives including the proposed action; develop and evaluate
alternatives not previously given serious consideration by the OA;
supplement, improve, or modify its analyses; make factual corrections;
or explain why the comments do not warrant further response, citing the
sources, authorities, or reasons that support the OA's position, and if
appropriate, indicate those circumstances that would trigger the OA's
reappraisal or further response. The OA should attach to the FEIS
substantive comments received on the DEIS, or summaries of comments
where comments are particularly voluminous. (40 CFR 1503.4).
    (b) Errata sheets. In preparing an FEIS, if the OA makes minor
changes to the DEIS in response to comments, and the changes are
confined to factual corrections or explanations of why the comments do
not warrant further response, the OA may write the changes on errata
sheets attached to the DEIS instead of rewriting the DEIS. (See 49
U.S.C. 304a(a) or 23 U.S.C. 139(n)(1), as applicable, and 40 CFR
1503.4(c)). The errata sheets must cite the sources, authorities, and
reasons that support the OA's position and, if appropriate, indicate
the circumstances that would trigger the OA's reappraisal or further
response.
    (c) Combined FEIS/ROD. Pursuant to 49 U.S.C. 304a(b) or 23 U.S.C.
139(n)(2), as applicable, to the maximum extent practicable, an OA must
expeditiously develop a single document that consists of an FEIS and
ROD, unless the FEIS makes substantial changes to the proposed action
that are relevant to environmental or safety concerns; or there is a
significant new circumstance or information relevant to environmental
concerns that bears on the proposed action or the impacts of the
proposed action. Cooperating agencies must to the extent practicable
issue the FEIS/ROD jointly with the lead agency for transportation
actions. (See 40 CFR 1501.8(b)(8)).
    (d) Compliance with other requirements. To the fullest extent
possible, in accordance with 40 CFR 1502.24 and Sec.  13.13(a), the
FEIS should reflect compliance or plans for compliance with the
requirements of other applicable environmental laws, regulations, and
orders, such as those listed in Appendix C of this part. If such
compliance is not possible by the time of FEIS preparation, the FEIS
should reflect consultation with the appropriate agencies and provide
reasonable assurance that the OA can meet the requirements.
    (e) Internal review and approval. The Administrator or Secretarial
Officer (or their designee) of the lead agency may approve an FEIS. OAs
must ensure that EISs are evaluated for technical sufficiency
consistent with this part and OA Procedures. The Chief Counsel of the
OA, or designee, must review all FEISs for legal sufficiency. OGC's
Office of Operations must review FEISs prepared by Secretarial offices
for legal sufficiency.
    (f) Office of Policy notification. For FEISs on actions involving
novel or emerging technology, methodology, or science; actions opposed
on environmental grounds by a Federal, State, Tribe, or local
government or agency; or, actions opposed by a

substantial number of the persons affected by such action or actions,
the OA must notify the Office of Policy that the FEIS is under
development. OAs should notify the Office of Policy as early as
possible, and, where practicable, provide at least two weeks' notice
before approving the FEIS.
    (g) Circulation. After the FEIS is finalized, the OA must publish
the FEIS (or combined FEIS/ROD). The OA must furnish the entire FEIS to
any Federal agency with jurisdiction by law or special expertise with
respect to any environmental impact involved and any appropriate
Federal, State, Tribal, or local agency authorized to develop and
enforce environmental standards; the applicant; and any Federal, State,
Tribal, and local agencies, and private organizations and individuals
that commented substantively on the DEIS or requested copies of the
FEIS, as well as the entities to which the OA was required to
distribute the DEIS. (See 40 CFR 1502.20, 1503.1, and 1506.6).

Sec.  13.29   Records of Decision.

    (a) In accordance with Sec.  13.27(c), to the maximum extent
practicable, an OA must develop a single document consisting of a
combined FEIS and ROD or issue the FEIS and ROD simultaneously,
pursuant to 49 U.S.C. 304a(b) or 23 U.S.C. 139(n)(2), as applicable.
When an OA determines, it is not practicable to issue a combined FEIS
and ROD, the waiting period set forth in Sec.  13.23(j)(1) applies. In
such cases, and when the proposal requires action by multiple Federal
agencies, the OA should issue a single ROD with the other Federal
agencies. An OA may integrate the ROD into any other record or decision
document, such as a final rule.
    (b) The ROD must state the OA's decision, identify all alternatives
the OA considered in reaching its decision, specifying the
environmentally preferable alternative(s); identify and discuss all
factors, including essential considerations of national policy, that
the OA balanced in making its decision and state how those
considerations entered into its decision; state whether the OA has
adopted all practicable means to avoid or minimize environmental harm
from the selected alternative and, as necessary, explain why not; and
adopt and summarize any monitoring and enforcement program where
applicable for any mitigation. (See 40 CFR 1505.2(a)).
    (c) The ROD must provide a certification by the decisionmaker that
the agency has considered all the alternatives, information, analysis,
and objections submitted by State, tribal and local governments and
public commenters for consideration by the lead and cooperating
agencies in developing the EIS. This certification establishes a
presumption that the agency has considered the submitted alternatives,
information, and analyses including the summary in the FEIS. (See 40
CFR 1505.2(b)).
    (d) The ROD should not repeat analysis contained in the EIS but
rather incorporate it by reference in the OA's decision; and briefly
document compliance with all environmental laws applicable to the
action, or the procedures and expected timeframe for completion of such
compliance. Consistent with 40 CFR 1505.3, the ROD should also include,
as appropriate, any required mitigation commitments and describe the
monitoring measures being implemented.
    (e) The ROD may discuss preferences among alternatives based on
relevant economic, technical, or other factors, as well as OA mission
and authority.

Sec.  13.31   Adoption.

    (a) If an OA is a cooperating agency for an EIS, it may adopt
without publishing the lead agency's original EIS after conducting an
independent review of the statement and concluding that its comments
and suggestions have been satisfied. (See 40 CFR 1506.3(b)(2)). In the
case of an FEIS, the OA may issue a ROD simultaneous with the adoption.
    (b) If an OA is not a cooperating agency, but the action covered by
the original EIS and the proposed action are substantially the same,
the OA is not required to publish it except as an FEIS. (See 40 CFR
1506.3(b)(1)). To the maximum extent practicable, the OA must issue a
combined FEIS and ROD consistent with 49 U.S.C. 304a(b) or 23 U.S.C.
139(n), as applicable, and Sec.  13.27(c).
    (c) If an OA is not a cooperating agency and the OA's proposed
action and the action covered by the original EIS are not substantially
the same, the OA may adopt the EIS or a portion thereof as a draft and,
after making all necessary revisions to the document, publish it. (40
CFR 1506.3(b)). If the OA intends to issue a combined FEIS/ROD, the
recirculation should include a statement of the OA's intent to issue a
combined document.
    (d) An OA may adopt, in whole or in part, another Federal agency's
draft or final EA if the OA determines, based on an independent
evaluation, that the document meets the applicable standards for an EA
in 40 CFR parts 1500 through 1508, this part, and its OA Procedures.
The OA must notify the public consistent with 40 CFR 1506.6.
    (e) An OA may adopt a CE determination of another agency when the
action in the original CE determination and the proposed action are
substantially the same. When doing so, the OA must document the
adoption. (See 40 CFR 1506.3(d)).
    (f) Before adopting all or a portion of another Federal agency's
EIS or EA that is more than five years old, an OA must re-evaluate the
relevant portion of the other agency's EA or EIS in accordance with
Sec.  13.33.
    (g) When an OA adopts and publishes an EIS, it must file it with
EPA in accordance with EPA filing guidance. (40 CFR 1506.10). When an
OA adopts an EIS without republishing, it must notify EPA.
    (h) An OA may adopt a DEIS, EA, or FEIS of another OA in accordance
with 49 U.S.C. 304a(c)(2).

Sec.  13.33   Re-evaluation and supplementation.

    (a) Re-evaluation. Consistent with 40 CFR 1502.9(d)(4), when an
action is not complete and a decision remains to occur, a re-evaluation
is a process that OAs should use to evaluate an existing CE
determination, EA, or EIS to determine whether it remains adequate,
accurate, and valid, or whether a supplemental NEPA analysis is needed.
    (1) An OA should engage in a re-evaluation, consistent with its OA
Procedures, where applicable, when, prior to the OA's completion of an
action, there are changes in the proposed action that are relevant to
environmental concerns; or there are new circumstances or information
relevant to environmental concerns and bearing on the proposed action
or its impacts.
    (2) An OA must re-evaluate in writing a DEIS if the OA has not
issued an FEIS within five years from the circulation date of the DEIS.
An OA must re-evaluate in writing an FEIS if major steps toward
implementation have not commenced within five years from the date of
approval of the FEIS or FEIS supplement.
    (b) Supplemental EAs and EISs. OAs must prepare a supplemental EA
or EIS when, prior to the OA's completion of an action, there are
substantial changes in the proposed action that are relevant to
environmental concerns, or there are significant new circumstances or
information relevant to environmental concerns and bearing on the
proposed action or its impacts. (40 CFR 1502.9(d)(1)). In addition, an
OA may voluntarily prepare a supplemental EA or EIS when the OA
determines,

consistent with its OA Procedures and 40 CFR 1502.9(d)(2), that the
purpose of NEPA will be furthered by doing so. An OA must prepare,
publish, and file a supplemental EA or EIS as an EA or DEIS and FEIS
unless CEQ approves alternative procedures. (40 CFR 1502.9(d)(3)).
Where there are compelling reasons to follow alternative procedures,
the OA must consult CEQ for approval and notify the Office of Policy.

Sec.  13.35   Emergency actions.

    (a) Emergency circumstances. Emergency circumstances may require
immediate actions that prevent following standard NEPA procedures. For
example, immediate threats to human health or safety, or immediate
threats to valuable natural resources may make it necessary to take an
action with significant environmental impact without following standard
NEPA procedures. OAs (which should consult with CEQ) must limit such
alternative arrangements to the actions necessary to control the
immediate impacts of the emergency. When time permits, OAs should
prepare environmental documentation. Alternative arrangements for NEPA
compliance are permitted for emergency actions. (See 40 CFR 1506.12 and
Fixing America's Surface Transportation Act, Pub. L. 114-94, sec.
1432).
    (b) Significant impacts. When emergency circumstances make it
necessary to take an action with significant or potentially significant
environmental impacts, without observing provisions of this part, OA
Procedures, or 40 CFR parts 1500 through 1508, the OA should consult
with CEQ. (See 40 CFR 1506.12). OAs should notify the Office of Policy
of the consultation and where time allows, provide an opportunity for
the Office of Policy to review any alternative arrangements. The
alternative arrangements should be limited to actions necessary to
control the immediate impacts of the emergency.
    (c) Non-significant impacts. When the expected environmental
impacts of the proposed action are not considered significant and the
action cannot be categorically excluded, to the extent practicable, the
OA should prepare a focused EA that complies with this part, OA
Procedures, and 40 CFR parts 1500 through 1508.

Sec.  13.37   Environmental Impact Statements for legislative
proposals.

    (a) Preparation. An OA must prepare and publish a legislative EIS
(LEIS) for any legislative proposal for which DOT has primary
responsibility and involves significant environmental impacts.
Procedures for preparing an LEIS are found at 40 CFR 1506.8. The OA
originating the legislation must prepare the LEIS. Except as provided
by 40 CFR 1506.8(c)(2), an OA does not need to prepare both a draft and
final LEIS.
    (b) Processing. The Office of Policy and OGC must concur on the
LEIS. OGC's Office of Legislation will submit the LEIS to the Office of
Management and Budget for circulation in the normal legislative
clearance process. The LEIS is part of the formal transmittal of a
legislative proposal to Congress. However, the LEIS may be transmitted
up to 30 days after the formal transmittal (40 CFR 1506.8(b)).

Sec.  13.39  International actions.

    (a) Executive Order 12114, ``Environmental Effects Abroad of Major
Federal Actions'' (Jan. 4, 1979), applies to major Federal actions
having significant environmental impacts outside of the United States
and its territories and possessions. If an EIS is required under E.O.
12114, section 2-4(a)(i), the OA must prepare it in compliance with
this part and the OA Procedures.
    (b) If an OA anticipates communication with a foreign government
concerning agreements and other arrangements related to environmental
studies or documentation, the OA must coordinate such communication
with the U.S. Department of State, in consultation with the Office of
Policy and the Office of the Assistant Secretary for Aviation and
International Affairs (See E.O. 12144, sec. 3-2).

Appendix A to Part 13--List of Departmental Categorical Exclusions

    1. Routine procedural, administrative, financial, and management
actions necessary to support the normal conduct of DOT business.
Routine procurements and contract actions for goods and services
including general supplies, equipment, utility services, contractor
services, and personnel services.*
    2. Personnel actions including recruiting, hiring, promotions,
processing, paying, and recordkeeping.*
    3. Training, technical assistance, and educational and
informational programs and activities.*
    4. Operating or maintenance subsidies or agreements, such as
operating subsidies to transit agencies or air carriers under the
Essential Air Service program, when the subsidy or agreement will
not result in a change in the effect on the environment.
    5. Actions categorically excluded in OA Procedures \6\ where the
action is administered by another OA. The OA with the CE must
provide a written determination that the CE applies to the action
proposed by the other OA and must provide expertise in reviewing the
action being categorically excluded. The extraordinary circumstances
provided in the OA Procedures where the CE is listed should be
considered in lieu of the extraordinary circumstances provided in
Sec.  13.17(b). This CE is not applicable to actions that meet the
definition of multimodal project in 23 U.S.C. 139(a); instead, an OA
may follow the process in Sec.  13.17(c).
---------------------------------------------------------------------------

    \6\ See Appendix B to part 13.
---------------------------------------------------------------------------

    6. Leasing of space in existing buildings or facilities.
    7. Remodeling existing buildings or facilities including
maintenance, reconstruction, rehabilitation, retrofit, or upgrades
of existing buildings, facilities, or systems, such as electrical
and plumbing systems, replacement of siding, roof rehabilitation,
resurfacing, or reconstruction of paved areas.
    8. Gardening, landscaping, and maintenance of existing
landscaping that does not cause or promote the introduction or
spread of invasive species that would harm the native ecosystem.
    9. Investigations, research activities, and studies including
data collection and analysis, information gathering, document
preparation, and information dissemination.*
    10. Promulgation, modification, or revocation of rules, issuance
of rulings or interpretations, and the development and publication
of policies, orders, directives, notices, procedures, manuals,
advisory circulars, and other guidance documents that are
administrative, organizational, or procedural in nature, or are
corrective, technical, or minor.*
    11. Promulgation, modification, revocation, or interpretation of
safety standards, rules, and regulations that do not result in a
substantial increase in emissions of air or water pollutants, noise,
or traffic congestion, or increase the risk of reportable release of
hazardous materials or toxic substances in any mode of
transportation.
    12. Hearings, meetings, and public outreach activities.*
    13. Administrative actions and proceedings, such as rendering
decisions on petitions for rulemaking and petitions for
reconsideration.*
    14. Financial assistance to an applicant solely for the purpose
of refinancing outstanding debt, where the debt funds an action that
is already completed.*
    15. Agreements with foreign governments, foreign civil aviation
authorities, international organizations, or U.S. Government
departments or agencies calling for cooperative activities or the
provision of technical assistance, advice, equipment, funds, or
services to those parties, and the implementation of such
agreements; negotiations and agreements to establish and define
bilateral safety relationships with foreign governments and the
implementation of such agreements.*
    16. The following actions relating to economic regulation of
airlines:
    a. Actions approving an agreement between an air carrier and a
foreign air carrier; acquisition of control, merger, consolidation,
or interlocking relationship;*

    b. Finding a U.S. or foreign air carrier fit under 49 U.S.C.
chapters 411 or 413;*
    c. Approving or setting carrier fares or rates;*
    d. Making a determination on the reasonableness of a fee imposed
by an airport proprietor on a U.S. or foreign air carrier;*
    e. Route awards involving turboprop aircraft having a capacity
of 60 seats or less and a maximum payload capacity of 18,000 pounds
or less;
    f. Route awards that do not involve supersonic service and will
not result in an increase in commercial aircraft operations of one
or more percent;
    g. Determinations on termination of airline employees;*
    h. Actions relating to consumer protection, including
regulations;*
    i. Authorizing carriers to serve airports already receiving the
type of service authorized, which does not result in significant air
quality, noise or other adverse environmental consequences;
    j. Granting temporary or emergency authority;
    k. Registration of an air taxi operator pursuant to 14 CFR part
298; and
    l. Granting of charter authority to a U.S. or foreign air
carrier under 49 U.S.C. chapters 411 or 413.

``*'' indicates an undocumented CE

Appendix B to Part 13--List of Categorical Exclusions in Operating
Administration Procedures

    This list identifies the location of categorical exclusions
(CEs) currently established in each of the Department's OA
Procedures. These CEs are incorporated by reference and may require
additional approval by the relevant OA. These CEs are subject to
review for the extraordinary circumstances contained in the relevant
OA procedures. The Department will update the citations contained in
this list as necessary.
    (a) CEs for the Federal Aviation Administration (FAA) are
located in FAA Order 1050.1F, Paragraph 5-6 (80 FR 44208, July 24,
2015).
    (b) CEs for the Federal Highway Administration (FHWA) are
located at 23 CFR 771.117.
    (c) CEs for the Federal Motor Carrier Safety Administration
(FMCSA) are located at FMCSA Order 5610.1, Appendix 2 (69 FR 9680,
March 1, 2004).
    (d) CEs for the Federal Railroad Administration (FRA) are
located in 23 CFR 771.116(c).
    (e) CEs for the Federal Transit Administration (FTA) are located
in 23 CFR 771.118.
    (f) CEs for the Maritime Administration (MARAD) are located at
Maritime Administration Order No. 600-1, Appendix 1 (50 FR 11606,
March 22, 1985).
    (g) CEs for the Saint Lawrence Seaway Development Corporation
(SLSDC) are located at SLSDC Order 10-5610.1C, Paragraph 6b (46 FR
28795, May 28, 1981).

Appendix C to Part 13--Environmental Requirements for Integration With
the NEPA Process

    As noted in Sec.  13.13(a), Operating Administrations should
coordinate and integrate all relevant environmental reviews,
authorizations, and consultations into the NEPA process. The
following is a non-exhaustive list of authorities under which these
may be conducted (subject to further amendment, repeal, rescission,
revocation, or other change):
    1. Section 4(f), 23 U.S.C. 138 and 49 U.S.C. 303.
    2. Section 176 of the Clean Air Act, as amended, 42 U.S.C. 7506,
and its implementing regulations: 40 CFR part 51, subpart T and part
93, subpart A (Transportation Conformity) or 40 CFR part 51, subpart
W and part 93, subpart B (General Conformity).
    3. Section 106 of the National Historic Preservation Act of
1966, as amended, 54 U.S.C. 306108 (Section 106).
    4. Section 7 of the Endangered Species Act, as amended, 16
U.S.C. 1536.
    5. Section 404 of the Federal Water Pollution Control Act (Clean
Water Act), as amended, 33 U.S.C. 1344.
    6. Migratory Bird Treaty Act, as amended, 16 U.S.C. 703-712.
    7. Bald and Golden Eagle Protection Act, as amended, 16 U.S.C.
668-668d.
    8. Section 307 of the Coastal Zone Management Act of 1972, as
amended, 16 U.S.C. 1456.
    9. Section 2 of the Fish and Wildlife Coordination Act, as
amended, 16 U.S.C. 662.
    10. Section 305 of the Magnuson-Stevens Fishery Conservation and
Management Act, as amended, 16 U.S.C. 1855.
    11. Fish and Wildlife Conservation Act, as amended, 16 U.S.C.
2901-2912.
    12. Section 9 of the Rivers and Harbors Act of 1899, as amended,
33 U.S.C. 401.
    13. The General Bridge Act of 1946, 33 U.S.C. 525(a)-(b), 528,
530, and 533.
    14. Executive Order 11988, Floodplain Management (May 24, 1977)
as implemented by the Department through DOT Order 5650.2.
    15. Executive Order 11990, Protection of Wetlands (May 24, 1977)
as implemented by the Department through DOT Order 5660.1A.
    16. Executive Order 12114, Environmental Effects Abroad of Major
Federal Actions (Jan. 4, 1979).
    17. Executive Order 12372, Intergovernmental Review of Federal
Programs (July 14, 1982).
    18. Executive Order 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (Feb. 11, 1994), as implemented by the Department
through DOT Order 5610.2(a).
    19. Executive Order 13175, Consultation and Coordination with
Indian Tribal Governments (Nov. 6, 2000).

[FR Doc. 2020-25030 Filed 11-20-20; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Rules and Regulations]
[Pages 62689-62690]
[FR Doc No: 2018-26455]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2018-0477; Special Conditions No. 25-738-SC]

Special Conditions: Textron Aviation Inc. Model 700 Airplane;
Operation Without Normal Electrical Power

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Textron Aviation
Inc. (Textron) Model 700 airplane. This airplane will have a novel or
unusual design feature when compared to the state of technology
envisioned in the airworthiness standards for transport-category
airplanes. These design features are electrical and electronic systems
that perform critical functions, the loss of which could be
catastrophic to the airplane. The applicable airworthiness regulations
do not contain adequate or appropriate safety standards for these
design features. 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: This action is effective on Textron on December 5, 2018. We must
receive your comments by January 22, 2019.

ADDRESSES: Send comments identified by docket number FAA-2018-0477
using any of the following methods:
     Federal eRegulations 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 (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket website, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478).
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Stephen Slotte, FAA, Airplane and
Flight Crew Interface Section, AIR-671, Transport Standards Branch,
Policy and Innovation Division, Aircraft Certification Service, 2200 S
216th St., Des Moines, Washington 98198; telephone and fax 206-231-
3163; email [email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions
previously has been published in the Federal Register for public
comment. These special conditions have been derived without substantive
change from those previously issued. It is unlikely that prior public
comment would result in a significant change from the substance
contained herein. Therefore, the FAA has determined that prior public
notice and comment are unnecessary, and finds that, for the same
reason, good cause exists for adopting these special conditions upon
publication in the Federal Register.

Comments Invited

    The FAA is requesting comments to allow interested persons to
submit views that may not have been submitted in response to prior
opportunities for comment described above. We invite interested people
to take part in this rulemaking by sending written comments, data, or
views. The most helpful comments reference a specific portion of the
special conditions, explain the reason for any recommended change, and
include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On November 20, 2014, Textron applied for a type certificate for
their new Model 700 airplane. The Model 700 airplane is a turbofan-
powered executive-jet airplane with seating for 2 crewmembers and 12
passengers. This airplane will have a maximum takeoff weight of 39,500
pounds.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.17, Textron must show that the Model 700 airplane meets the
applicable provisions of part 25, as amended by Amendments 25-1 through
25-139, 25-141, and 25-143.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Textron Model 700 airplane 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 novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Textron Model 700 airplane must comply with the fuel-
vent and exhaust-emission requirements of 14 CFR part 34, and the
noise-

certification requirements of 14 CFR part 36.
    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 Textron Model 700 airplane will incorporate the following novel
or unusual design feature: A fly-by-wire rudder-control system that
requires a continuous source of electrical power to maintain an
operable rudder flight-control system. The loss of this system may
result in loss of flight control and may be catastrophic to the
airplane.

Discussion

    The Textron Model 700 airplane has a fly-by-wire rudder-control
system that requires a continuous source of electrical power to
maintain an operable flight-control system. Section 25.1351(d),
operation without normal electrical power, requires safe operation in
visual flight rule (VFR) conditions for at least 5 minutes after loss
of normal electrical power, excluding the battery. This rule is
structured around traditional designs that use mechanical control
cables and linkages for flight control. These manual controls allow the
crew to maintain aerodynamic control of the airplane for an indefinite
time after loss of all electrical power. Under these conditions, a
mechanical flight-control system provides the crew with the ability to
fly the airplane while attempting to identify the cause of the
electrical failure, restart engine(s) if necessary, and attempt to re-
establish some of the electrical-power-generation capability.
    A critical assumption in Sec.  25.1351(d) is that the airplane is
in VFR conditions at the time of an electrical failure. This is not a
valid assumption in today's airline operating environment, where
airplanes fly much of the time in instrument-meteorological conditions
on air-traffic-control-defined flight paths. Another assumption in the
existing rule is that the loss of all normal electrical power is the
result of the loss of all engines. The 5-minute period in the rule is
to allow at least one engine to be restarted, following an all-engines
power loss, to continue the flight to a safe landing. However, service
experience on airplanes with similar electrical-power-system
architecture as the Textron Model 700 airplane has shown that at least
the temporary loss of all electrical power for causes other than all-
engine failure is not extremely improbable.
    To maintain the same level of safety envisioned by the existing
rule with traditional mechanical flight controls, the Textron Model 700
airplane design must not be time-limited in its operation under all
reasonably foreseeable conditions, including loss of all normal sources
of engine or auxiliary power unit (APU)-generated electrical power.
Textron must demonstrate that the airplane can maintain safe flight and
landing (including rollout and brake control through full stop) with
the use of its emergency/alternate electrical-power systems. These
electrical-power systems, or the minimum restorable electrical-power
sources, must be able to power loads that are essential for continued
safe flight and landing, including those required for the maximum
length of approved flight diversion.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Textron Model 700 airplane. Should Textron apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, the special conditions would
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    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(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 Textron Model 700 airplanes.
    In lieu of 14 CFR 25.1351(d), the following special condition
applies:
    Textron must show, by test or combination of test and analysis that
the airplane is capable of continued safe flight and landing with all
normal sources of engine- and APU-generated electrical power
inoperative (electrical power sources excluding the battery and any
other standby electrical sources). The airplane operation should be
considered at the critical phase of flight, and should include the
ability to restart the engines and maintain flight for the maximum
diversion-time capability being certified.

    Issued in Des Moines, Washington, on November 30, 2018.
Paul Siegmund,
Acting Manager, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2018-26455 Filed 12-4-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: May 4, 2007 (Volume 72, Number 86)]
[Notices]
[Page 25333-25335]
[DOCID:fr04my07-105]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0035]

Crawler Locomotive and Truck Cranes; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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

SUMMARY: OSHA solicits public comment concerning its proposal to extend
OMB approval of the information collection requirements specified in
its Standard on Crawler Locomotive and Truck Cranes (29 CFR 1910.180).

DATES: Comments must be submitted (postmarked, sent, or received) by
July 3, 2007.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal

eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-
0035, U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the ICR (OSHA-2007-0035). All comments, including any
personal information you provide, are placed in the public docket
without change, and may be made available online at http://www.regulations.gov.
 For further information on submitting comments see

the ``Public Participation'' heading in the section of this notice
titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the

docket, go to http://www.regulations.gov or the OSHA Docket Office at

the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;

however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires
that OSHA obtain such information with minimum burden upon employers,
especially those operating small businesses, and to reduce to the
maximum extent feasible unnecessary duplication of efforts in obtaining
information (29 U.S.C. 657).
    The Standard specifies several paperwork requirements. The
following sections describe who uses the information collected under
each requirement, as well as how they use it. The purpose of each of
these requirements is to prevent employees from using unsafe cranes and
ropes, thereby reducing their risk of death or serious injury caused by
a crane or rope failure during material handling.

(A) Inspection of and Certification Records of Cranes (Sec.
1910.180(d)(4) and (d)(6))

    Paragraph 1910.180(d) specifies that employers must prepare a
written record to certify that the monthly inspection of critical items
in use on cranes (such as brakes, crane hooks, and ropes) has been
performed. The certification record must include the inspection date,
the signature of the person who conducted the inspection, and the
serial number (or other identifier) of the inspected crane. Employers
must keep the certificate readily available. The certification record
provides employers, employees, and OSHA compliance officers with
assurance that critical items on cranes have been inspected, and that
the equipment is in good operating condition so that the crane and rope
will not fail during material handling. These records also enable OSHA
to determine that an employer is complying with the Standard.

(B) Rated Load Tests (Sec.  1910.180(e)(2))

    This provision requires employers to make available written reports
of load-rating tests showing test procedures and confirming the
adequacy of repairs or alterations, and to make readily available any
rerating test reports. These reports inform the employer, employees,
and OSHA compliance officers of a crane's lifting limitations, and
provide information to crane operators to prevent them from exceeding
these limits and, thereby causing crane failure.

(C) Inspection of and Certification Records for Ropes (Sec.
1910.180(g)(1) and (g)(2)(ii))

    Paragraph (g)(1) requires employers to thoroughly inspect any rope
in use at least once a month. The authorized person conducting the
inspection must observe any deterioration resulting in appreciable loss
of original strength and determine whether or not the condition is
hazardous. Before reusing a rope that has not been used for at least a
month because the crane housing the rope is shut down or in storage,
paragraph (g)(2)(ii) specifies that employers must have an appointed or
authorized person inspect the rope for all types of deterioration.
Employers must prepare a certification record for the inspections
required by paragraphs (g)(1) and (g)(2)(ii). These certification
records must include the inspection date, the signature of the person
conducting the inspection, and the identifier for the inspected rope;
paragraph (g)(1) states that employers must keep the certificates ``on
file where readily available,'' while paragraph (g)(2)(ii) requires
that certificates ``be * * * kept readily available.'' The
certification records assure employers, employees, and OSHA that the
inspected ropes are in good condition.

(D) Disclosure of Crane and Rope Inspection Certification Records

    The disclosure of certification records provide the most efficient
means for OSHA compliance officers to determine that an employer is
complying with the Standard.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Standard on Crawler Locomotive
and Truck Cranes (29 CFR 1910.180). The Agency is requesting to retain
its current burden hour total of 174,062 associated with this Standard.
The Agency will summarize the comments submitted in response to this
notice and will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Crawler Locomotive and Truck Cranes (29 CFR 1910.180).
    OMB Number: 1218-0221.
    Affected Public: Business or other for-profit.
    Number of Respondents: 20,000.
    Frequency: On occasion; Monthly, Semi-annually.
    Average Time per Response: Varies from 5 minutes (.08 hour) to
disclose certification records to 1 hour to conduct rated load tests.
    Estimated Total Burden Hours: 174,062.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal

eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2007-0035). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov.
 Therefore, OSHA cautions commenters about

submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov
 index, some information (e.g., copyrighted

material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit

comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2002 (67 FR
65008).

    Signed at Washington, DC, on April 30, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E7-8569 Filed 5-3-07; 8:45 am]

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[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Proposed Rules]
[Pages 47260-47264]
[FR Doc No: 2021-18068]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0665; Project Identifier AD-2021-00270-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2017-23-02, which applies to certain The Boeing Company Model 737-200,
-200C, -300, -400, and -500 series airplanes. AD 2017-23-02 requires

repetitive inspections, replacement, and applicable on-condition
actions for certain fuselage crown skin panels. Since the FAA issued AD
2017-23-02, certain airplane configurations and inspection locations
have been revised and additional airplanes have been determined to be
subject to the unsafe condition. This proposed AD would retain the
actions in AD 2017-23-02, revise certain airplane configurations and
inspection locations, and add airplanes to the applicability. The FAA
is proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 8,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0665.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0665; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: James Guo, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0665; Project Identifier
AD-2021-00270-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to James
Guo, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any commentary that the
FAA receives which is not specifically designated as CBI will be placed
in the public docket for this rulemaking.

Background

    Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as widespread fatigue damage (WFD).
It is associated with general degradation of large areas of structure
with similar structural details and stress levels. As an airplane ages,
WFD will likely occur, and will certainly occur if the airplane is
operated long enough without any intervention.
    An FAA final rule (``Aging Airplane Program: Widespread Fatigue
Damage;'' 75 FR 69746, November 15, 2010) became effective on January
14, 2011, and amended 14 CFR parts 25, 26, 121, and 129 (commonly known
as the WFD rule). The WFD rule requires certain actions to prevent
structural failure due to WFD throughout the operational life of
certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. Design approval
holders (DAHs) of existing and future airplanes subject to the WFD rule
are required to establish a limit of validity (LOV) of the engineering
data that support the structural maintenance program. Operators
affected by the WFD rule may not fly an airplane beyond its LOV, unless
an extended LOV is approved.
    The WFD rule does not require identifying and developing
maintenance actions if the DAHs can show that such actions are not
necessary to prevent WFD before the airplane reaches the LOV. Many
LOVs, however, do depend on accomplishment of future maintenance
actions. As stated in the WFD rule, any maintenance actions necessary
to reach the LOV will be mandated by airworthiness directives through
separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty

regarding the LOV applicable to their airplanes.
    The FAA issued AD 2017-23-02, Amendment 39-19096 (82 FR 52835,
November 15, 2017) (AD 2017-23-02), for certain The Boeing Company
Model 737-200, -200C, -300, -400, and -500 series airplanes. AD 2017-
23-02 was prompted by an evaluation by the DAH indicating that the
fuselage crown skin panels are subject to WFD. AD 2017-23-02 requires
repetitive inspections, replacement, and applicable on-condition
actions for certain fuselage crown skin panels. The agency issued AD
2017-23-02 to address cracking in the fuselage crown skin panels.
Multiple adjacent cracks in the fuselage crown skin could link up and
lead to decompression or loss of structural integrity of the airplane.

Actions Since AD 2017-23-02 Was Issued

    Since the FAA issued AD 2017-23-02, errors were found in Boeing
Alert Service Bulletin 737-53A1358, dated April 27, 2017, which is
referenced in AD 2017-23-02. These errors include airplanes that are
incorrectly identified as being in certain groups, and inspection
figures that show incorrect chem-mill locations. Additional airplanes
were also identified as being subject to the unsafe condition. These
errors affect operators' ability to comply with AD 2017-23-02, and the
FAA determined that a supersedure was needed to require corrected
service information.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin 737-53A1358,
Revision 1, dated February 26, 2021. This service information specifies
procedures for repetitive non-destructive inspections for cracking,
replacement of certain fuselage crown skin panels, and applicable on-
condition actions. On-condition actions include a general visual
inspection of certain repairs for any loose or missing fasteners, a low
frequency eddy current (LFEC) inspection of certain repairs for
cracking, and repair. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

Proposed AD Requirements in This NPRM

    Although this proposed AD does not explicitly restate the
requirements of AD 2017-23-02, this AD would retain all of the
requirements of AD 2017-23-02. Those requirements are referenced in the
service information identified previously, which, in turn, is
referenced in paragraph (h) of this proposed AD. This proposed AD would
revise certain airplane configurations and inspection locations, and
add airplanes to the applicability. This proposed AD would also require
accomplishment of the actions identified as ``RC'' (required for
compliance) in the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1358, Revision 1, dated February 26, 2021, described
previously, except for any differences identified as exceptions in the
regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0665.

Explanation of Proposed Compliance Time

    The compliance time for the replacement specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is replaced before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. The FAA will not grant any extensions of
the compliance time to complete any AD-mandated service bulletin
related to WFD without extensive new data that would substantiate and
clearly warrant such an extension.

Explanation of Proposed Applicability

    Model 737 airplanes having line numbers 1 through 291 have an LOV
of 34,000 total flight cycles, and the actions proposed in this NPRM,
as specified in Boeing Alert Service Bulletin 737-53A1358, Revision 1,
dated February 26, 2021, would be required at a compliance time
occurring after that LOV. Although operation of an airplane beyond its
LOV is prohibited by 14 CFR 121.1115 and 129.115, this NPRM would
include those airplanes in the applicability so that these airplanes
are tracked in the event the LOV is extended in the future.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 143 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per  product       operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  Up to 507 work-hours x               $0  Up to $43,095 per   Up to $6,162,585
                                  $85 per hour = Up to                     inspection cycle.   per inspection
                                  $43,095 per inspection                                       cycle.
                                  cycle.
Replacement....................  304 work-hours x $85             95,000  $120,840 per skin   $17,280,120 per
                                  per hour = $25,840 per                   panel.              skin panel.
                                  skin panel.
----------------------------------------------------------------------------------------------------------------

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

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

General visual inspection..................  1 work-hour x $85 per hour = $85...               0              85
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2017-23-02, Amendment 39-19096
(82 FR 52835, November 15, 2017), and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2021-0665; Project Identifier AD-
2021-00270-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by October 8, 2021.

(b) Affected ADs

    This AD replaces AD 2017-23-02, Amendment 39-19096 (82 FR 52835,
November 15, 2017) (AD 2017-23-02).

(c) Applicability

    This AD applies to The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any
category, as identified in Boeing Alert Service Bulletin 737-
53A1358, Revision 1, dated February 26, 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder indicating that the fuselage crown skin panels are subject to
widespread fatigue damage. This AD was also prompted by a
determination that certain airplane configurations and inspection
locations need to be revised, and that additional airplanes are
subject to the unsafe condition. The FAA is issuing this AD to
address cracking in the fuselage crown skin panels. Multiple
adjacent cracks in the fuselage crown skin could link up and lead to
decompression or loss of structural integrity of the airplane.

(f) Compliance

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

(g) Actions for Group 43 Airplanes

    For airplanes identified as Group 43 in Boeing Alert Service
Bulletin 737-53A1358, Revision 1, dated February 26, 2021, within
120 days after the effective date of this AD, inspect the airplane
and do all applicable on-condition actions using a method approved
in accordance with the procedures specified in paragraph (j) of this
AD

(h) Required Actions for Groups 1 Through 42 Airplanes

    For airplanes identified as Groups 1 through 42 in Boeing Alert
Service Bulletin 737-53A1358, Revision 1, dated February 26, 2021,
except as specified by paragraph (i) of this AD: At the applicable
times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-53A1358, Revision 1, dated February 26, 2021,
do all applicable actions identified as ``RC'' (required for
compliance) in, and in accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1358, Revision
1, dated February 26, 2021. Actions identified as terminating action
in Boeing Alert Service Bulletin 737-53A1358, Revision 1, dated
February 26, 2021, terminate the applicable required actions of this
AD, provided the terminating action is done in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1358, Revision 1, dated February 26, 2021.

(i) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 737-53A1358, Revision 1,
dated February 26, 2021, uses the phrase ``the original issue date
of this service bulletin,'' this AD requires using ``December 20,
2017'' (the effective date of AD 2017-23-02).
    (2) Where Boeing Alert Service Bulletin 737-53A1358, Revision 1,
dated February 26, 2021, specifies contacting Boeing for repair
instructions or for work instructions, this AD requires doing the
repair, or doing the work instructions and applicable on-condition
actions using a method approved in accordance with the procedures
specified in paragraph (j) of this AD.
    (3) Part 7 of Boeing Alert Service Bulletin 737-53A1358,
Revision 1, dated February 26, 2021, specifies post-modification
airworthiness limitation inspections in compliance with 14 CFR
25.571(a)(3) at the modified locations to support compliance with 14
CFR 121.1109(c)(2) or 129.109(b)(2). Although Part 7 is identified
as RC, this AD does not require accomplishment of Part 7. As
airworthiness limitations, these inspections are required by
maintenance and operational rules. It is, therefore, unnecessary to
mandate them in this AD. Deviations from these inspections require
FAA approval, but do not require an alternative method of
compliance.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or responsible Flight Standards
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in Related Information. Information may be emailed
to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 2017-23-02 are approved as AMOCs for
the corresponding provisions of Boeing Alert Service Bulletin 737-
53A1358, Revision 1, dated February 26, 2021, that are required by
paragraph (h) of this AD.
    (5) Except as specified by paragraph (i)(2) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (j)(5)(i) and (ii)
of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

    (1) For more information about this AD, contact James Guo,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5357; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on August 7, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division,Aircraft Certification Service.
[FR Doc. 2021-18068 Filed 8-23-21; 8:45 am]
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