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Code · REGISTER · 2021-06-10 · PROPOSED RULES · Agriculture Agriculture Department See Food and Nutrition Service See Forest Service See Rural Utilities Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau PROPOSED RUL · Unknown

Unknown. Final rule; request for comments

4,950 words·~23 min read·/register/2021/06/10/2021-12301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2021-06-10.xml --- 86 110 Thursday, June 10, 2021 Contents Agriculture Agriculture Department See Food and Nutrition Service See Forest Service See Rural Utilities Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau PROPOSED RULES Factoring Criteria for Firearms with Attached “Stabilizing Braces”, 30826-30851 2021-12176 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act:
Integrated Photonics Institute for Manufacturing Innovation, 30981 2021-12177 Naval Surface Technology and Innovation Consortium, 30981 2021-12178 Utility Broadband Alliance, 30981-30982 2021-12180 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30937-30941 2021-12208 2021-12210 2021-12211 Civil Rights Civil Rights Commission NOTICES Meetings: Tennessee Advisory Committee, 30912-30913 2021-12190 Coast Guard Coast Guard PROPOSED RULES Special Local Regulation:
Breton Bay, McIntosh Run, Leonardtown, MD, 30851-30854 2021-12168 NOTICES Cooperative Research and Development Agreement: Evaluating Unmanned Surface Vessel Characteristics for Coast Guard Platforms, 30968-30969 2021-12162 Commerce Commerce Department See Economic Analysis Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office Comptroller Comptroller of the Currency NOTICES Meetings:
Mutual Savings Association Advisory Committee, 31003-31004 2021-12163 Defense Department Defense Department RULES Federal Acquisition Regulation: Analysis for Equipment Acquisitions, 31070-31072 2021-11866 Application of Micro-Purchase Threshold to Task and Delivery Orders, 31073-31074 2021-11864 Federal Acquisition Circular 2021-06; Introduction, 31070 2021-11865 Federal Acquisition Circular 2021-06; Small Entity Compliance Guide, 31075-31076 2021-11868 Technical Amendments, 31074-31075 2021-11867 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Certain Federal Acquisition Regulation Part 36 Construction Contract Requirements, 30936-30937 2021-12135 Drug Drug Enforcement Administration RULES Schedules of Controlled Substances: Placement of NM2201, 5F-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, and 5F-CUMYL-P7AICA in Schedule I, 30775-30778 2021-11974 Placement of Oliceridine in Schedule II, 30772-30775 2021-11981 NOTICES Bulk Manufacturer of Controlled Substances Application: Maridose, LLC, 30983 2021-12213 Importer of Controlled Substances Application:
Cambrex Charles City, 30982 2021-12215 Fisher Clinical Services, Inc., 30982-30983 2021-12212 National Center for Natural Products Research, 30983-30984 2021-12209 Economic Analysis Bureau Economic Analysis Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Services Surveys: BE-45, Quarterly Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons, 30913-30914 2021-12194 Education Department Education Department NOTICES Applications for New Awards:
Education Research and Special Education Research Grant Programs, 30921-30925 2021-12173 Employment and Training Employment and Training Administration NOTICES Change in Status of the Extended Benefit Program: Colorado, 30984 2021-12158 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Unfired Hot Water Storage Tanks, 30796-30819 2021-11957 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Maine; Infrastructure State Implementation Plan Requirements for the 2015 Ozone Standard and Negative Declaration for the Oil and Gas Industry for the 2008 and 2015 Ozone Standards; Correction, 30793-30794 2021-11958 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maine and New Hampshire; 2015 Ozone NAAQS Interstate Transport Requirements, 30854-30860 2021-12079 Export Import Export-Import Bank NOTICES Privacy Act;
Systems of Records, 30933-30935 2021-12117 Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Meetings: Farm Credit System Insurance Corporation Board, 30935 2021-12187 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters, 30759-30761 2021-12037 Airbus SAS Airplanes, 30753-30756 2021-12301 Bell Textron Canada Limited Helicopters, 30766-30770 2021-12040 2021-12042 CFM International, S.A. Turbofan Engines, 30770-30772 2021-12137 Pilatus Aircraft Ltd.
Airplanes, 30761-30766 2021-12044 2021-12045 Piper Aircraft, Inc. Airplanes, 30756-30759 2021-12043 Pilot Records Database, 31006-31067 2021-11424 PROPOSED RULES Airworthiness Directives: Bell Textron Inc. (Type Certificate Previously Held by Bell Helicopter Textron Inc.) Helicopters, 30824-30826 2021-12038 Gulfstream Aerospace LP Airplanes, 30819-30822 2021-12170 Leonardo S.p.a. Helicopters, 30822-30824 2021-12039 Federal Communications Federal Communications Commission PROPOSED RULES Allocation of Spectrum for Non-Federal Space Launch Operations, 30860-30887 2021-11063 Federal Emergency Federal Emergency Management Agency NOTICES Changes in Flood Hazard Determinations, 30976-30978 2021-12132 Flood Hazard Determinations;
Changes, 30970-30973 2021-12127 Flood Hazard Determinations; Proposals: Correction, 30973-30974 2021-12126 Proposed Flood Hazard Determinations, 30969-30970, 30974-30975, 30978-30979 2021-12129 2021-12130 2021-12131 Federal Energy Federal Energy Regulatory Commission NOTICES Application: North Eastern Wisconsin Hydro, LLC, 30930-30931 2021-12157 Complaint: City of Las Cruces, NM and City of Mesa, AZ v. El Paso Natural Gas Co., LLC, 30931-30932 2021-12202 Tucson Electric Power Company UNS Gas, Inc. v.
El Paso Natural Gas Company, LLC, 30927 2021-12201 Environmental Assessments; Availability, etc.: Texas Eastern Transmission, LP; Perulack Compressor Units Replacement Project, 30932-30933 2021-12154 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Bulb Energy US Inc., 30932 2021-12203 Bulb US, LLC, 30928-30929 2021-12204 Sac County Wind, LLC, 30930 2021-12205 Inviting Post-Technical Conference Comments: Modernizing Electricity Market Design, 30929-30930 2021-12200 Request under Blanket Authorization and Establishing Intervention and Protest Deadline:
Columbia Gas Transmission, LLC, 30926-30927 2021-12153 Settlement Agreement: Eagle Creek Hydro Power, LLC; Eagle Creek Water Resources, LLC; Eagle Creek Land Resources, LLC, 30927-30928 2021-12152 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 30936 2021-12169 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Designating Texas Hornshell Critical Habitat, 30888-30909 2021-11966 NOTICES Meetings:
Aquatic Nuisance Species Task Force, 30979-30980 2021-12116 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30952 2021-12156 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Current Good Manufacturing Practice for Finished Pharmaceuticals, Including Medical Gases, and Active Pharmaceutical Ingredients, 30960-30961 2021-12214 National Agriculture and Food Defense Strategy Survey, 30941-30942 2021-12188 New Animal Drugs for Investigational Use, 30953-30955 2021-12197 Charter Renewal:
Advisory Committee; Medical Imaging Drugs Advisory Committee, 30953 2021-12174 Determination of Regulatory Review Period for Purposes of Patent Extension: EVENITY, 30942-30944 2021-12199 MAYZENT, 30949-30950 2021-12171 OPTIMIZER, 30957-30958 2021-12192 SARCLISA, 30950-30952 2021-12189 SPRAVATO, 30955-30957 2021-12193 WAKIX, 30947-30949 2021-12148 XPOVIO, 30945-30947 2021-12167 Electronic Study Data Submission; Data Standards: Support and Requirement Begin for Study Data Tabulation Model Version 1.8 With Standard for Exchange of Nonclinical Data Implementation Guide--Animal Rule Version 1.0;
Correction, 30960 2021-12198 Guidance: Automated Blood Cell Separator Device Operating by Centrifugal or Filtration Principle, 30958-30960 2021-12191 Core Patient-Reported Outcomes in Cancer Clinical Trials, 30944-30945 2021-12166 Food and Nutrition Food and Nutrition Service PROPOSED RULES Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program; Withdrawal, 30795-30796 2021-12183 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Supplemental Nutrition Assistance Program Forms: Applications, Periodic Reporting, and Notices, 30910-30911 2021-12143 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Wacker Polysilicon North America, LLC, Foreign-Trade Zone 134, Chattanooga, TN, 30914-30915 2021-12195 Forest Forest Service NOTICES Meetings: Collaborative Forest Landscape Restoration Advisory Committee, 30911-30912 2021-12123 General Services General Services Administration RULES Federal Acquisition Regulation:
Analysis for Equipment Acquisitions, 31070-31072 2021-11866 Application of Micro-Purchase Threshold to Task and Delivery Orders, 31073-31074 2021-11864 Federal Acquisition Circular 2021-06; Introduction, 31070 2021-11865 Federal Acquisition Circular 2021-06; Small Entity Compliance Guide, 31075-31076 2021-11868 Technical Amendments, 31074-31075 2021-11867 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certain Federal Acquisition Regulation Part 36 Construction Contract Requirements, 30936-30937 2021-12135 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 30963 2021-12113 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bureau of Primary Health Care; Program Management Resource Compendium, 30962-30963 2021-12150 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department RULES Restoring Affirmatively Furthering Fair Housing Definitions and Certifications, 30779-30793 2021-12114 Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service NOTICES Meetings:
Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 31004 2021-12096 Taxpayer Advocacy Panel's Tax Forms and Publications Project Committee, 31004 2021-12118 2021-12119 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Large Power Transformers from the Republic of Korea, 30915-30916 2021-12185 Determination of Sales at Less Than Fair Value: Passenger Vehicle and Light Truck Tires from Taiwan;
Correction, 30916-30918 2021-12196 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Raw Honey from Argentina, Brazil, India, Ukraine, and Vietnam, 30980-30981 2021-12223 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Drug Enforcement Administration NOTICES Proposed Consent Decree: Clean Air Act, 30984 2021-12115 Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration Millenium Millennium Challenge Corporation NOTICES First Amendment to Compact with the Republic of Ghana, 30988-30991 2021-12124 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Notification of Methane Detected in Underground Metal and Nonmetal Mine Atmospheres, 30987-30988 2021-12159 Petitions for Modification: Application of Existing Mandatory Safety Standards, 30984-30987 2021-12161 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation: Analysis for Equipment Acquisitions, 31070-31072 2021-11866 Application of Micro-Purchase Threshold to Task and Delivery Orders, 31073-31074 2021-11864 Federal Acquisition Circular 2021-06;
Introduction, 31070 2021-11865 Federal Acquisition Circular 2021-06; Small Entity Compliance Guide, 31075-31076 2021-11868 Technical Amendments, 31074-31075 2021-11867 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certain Federal Acquisition Regulation Part 36 Construction Contract Requirements, 30936-30937 2021-12135 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 30964-30968 2021-12179 2021-12181 2021-12182 Meetings:
Center for Scientific Review, 30965-30966 2021-12144 National Heart, Lung, and Blood Institute, 30963-30967 2021-12138 2021-12139 2021-12140 2021-12141 2021-12142 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting of Sea Turtle Incidental Take in Virginia Chesapeake Bay Pound Net Operations, 30918-30919 2021-12136 Permits: Marine Mammals and Endangered Species, 30919 2021-12121 National Telecommunications National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: 911 Grant Program Performance Closeout Report, 30919-30920 2021-12224 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Amendment Application: Exelon Generation Company, LLC; Braidwood Station, Units 1 and 2, 30991-30994 2021-12165 Patent Patent and Trademark Office NOTICES New Implementation Date for Patent Practitioner Registration Statement and Continuing Legal Education Certification, 30920-30921 2021-12149 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety:
Statutory Mandate to Update Inspection and Maintenance Plans to Address Eliminating Hazardous Leaks and Minimizing Releases of Natural Gas from Pipeline Facilities, 31002-31003 2021-12155 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 30994-30995 2021-12151 Service Standard Changes, 30994 2021-12186 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 30995 2021-12281 Presidential Documents Presidential Documents EXECUTIVE ORDERS Western Balkans;
Blocking Property and Suspending Entry Into U.S. of Certain Persons Contributing to Destabilizing Situation (EO 14033), 31077-31082 2021-12382 ADMINISTRATIVE ORDERS Belarus; Continuation of National Emergency With Respect to Actions and Policies of Certain Members of the Government of Belarus and Other Persons To Undermine Democratic Processes or Institutions (Notice of June 8, 2021), 31085 2021-12386 Western Balkans; Continuation of National Emergency (Notice of June 8, 2021), 31083 2021-12383 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 30912 2021-12146 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31000-31001 2021-12101 2021-12112 Self-Regulatory Organizations; Proposed Rule Changes: Nasdaq PHLX, LLC, 30995-30999 2021-12120 Small Business Small Business Administration NOTICES Meetings: National Small Business Development Center Advisory Board, 31002 2021-12222 State Department State Department RULES International Traffic in Arms Regulations;
Temporary Suspensions, Modifications, and Exceptions, 30778-30779 2021-12206 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 31006-31067 2021-11424 Part III Defense Department, 31070-31076 2021-11866 2021-11864 2021-11865 2021-11868 2021-11867 General Services Administration, 31070-31076 2021-11866 2021-11864 2021-11865 2021-11868 2021-11867 National Aeronautics and Space Administration, 31070-31076 2021-11866 2021-11864 2021-11865 2021-11868 2021-11867 Part IV Presidential Documents, 31077-31083, 31085 2021-12382 2021-12386 2021-12383 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 86 110 Thursday, June 10, 2021 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2021-0458; Project Identifier MCAI-2021-00595-T; Amendment 39-21602; AD 2021-12-15] RIN 2120-AA64 Airworthiness Directives;
Airbus SAS Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for all Airbus SAS Model A330-243, A330-243F, A330-341, A330-342, and A330-343 airplanes. This AD was prompted by a report of an in-flight turnback due to loss of green and blue hydraulic systems in cruise. This AD requires inspecting for discrepancies of the hydraulic pressure switch harnesses of affected engines, and applicable corrective actions, as specified in a European Union Aviation Safety Agency
(EASA)AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD becomes effective June 25, 2021. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 25, 2021. The FAA must receive comments on this AD by July 26, 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:* 202-493-2251. • *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 material incorporated by reference
(IBR)in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email *ADs@easa.europa.eu;* internet *www.easa.europa.eu.* You may find this IBR material on the EASA website at *https://ad.easa.europa.eu.* You may view this IBR material 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 206-231-3195. It is also available in the AD docket at *https://www.regulations.gov* by searching for and locating Docket No. FAA-2021-0458. Examining the AD Docket You may examine the AD docket at *https://www.regulations.gov* by searching for and locating Docket No. FAA-2021-0458; 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 AD, any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; email *Vladimir.Ulyanov@faa.gov.* SUPPLEMENTARY INFORMATION: Background EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2021-0128, dated May 17, 2021 (EASA AD 2021-0128) (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for all Airbus SAS Model A330-243, A330-243F, A330-341, A330-342, and A330-343 airplanes. This AD was prompted by a report of a Model A330 airplane equipped with Rolls-Royce Trent 700 engines that experienced an in-flight turnback due to loss of green and blue hydraulic systems in cruise. On the green hydraulic system, electronic centralized aircraft monitoring
(ECAM)warnings HYD G ENG 2 PUMP LO PR and G SYS LO PR were triggered, resulting in loss of the green hydraulic system. On the blue hydraulic system, ECAM warning HYD B ENG 1 PUMP LO PR was triggered, and the flightcrew selected the blue hydraulic system engine-driven pump
(EDP)OFF, per flightcrew operating manual procedures. Subsequent inspections of engine #1 revealed that during a previous maintenance shop visit, and following partial re-routing of hydraulic harnesses, the blue and green EDP pressure switch electrical connectors (4001JG2-A and 4001JG1-A) were inadvertently cross connected. As a result, the blue hydraulic system was declared faulty (ECAM message) in flight, when actually the green hydraulic system had failed with low pressure. The FAA is issuing this AD to address the potential loss of two hydraulic systems (blue and green) in flight, instead of only one (green), which could lead to loss of all hydraulic circuits, possibly resulting in loss of control of the airplane. See the MCAI for additional background information. Related Service Information Under 1 CFR Part 51 EASA AD 2021-0128 specifies procedures for a general visual inspection for discrepancies (including incorrect harness routing and pump pressure connections) of the hydraulic pressure switch harnesses of affected engines. EASA AD 2021-0128 also describes corrective actions including a visual inspection to identify the clip points where harnesses are not installed correctly, harness re-routing, and hydraulic system testing. This material 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. FAA's Determination This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to the FAA's bilateral agreement with the State of Design Authority, the FAA has been notified of the unsafe condition described in the MCAI referenced above. The FAA is issuing this AD because the FAA evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Requirements of This AD This AD requires accomplishing the actions specified in EASA AD 2021-0128 described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD. Explanation of Required Compliance Information In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use certain civil aviation authority
(CAA)ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, EASA AD 2021-0128 is incorporated by reference in this AD. This AD, therefore, requires compliance with EASA AD 2021-0128 in its entirety, through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Using common terms that are the same as the heading of a particular section in EASA AD 2021-0128 does not mean that operators need comply only with that section. For example, where the AD requirement refers to “all required actions and compliance times,” compliance with this AD requirement is not limited to the section titled “Required Action(s) and Compliance Time(s)” in EASA AD 2021-0128. Service information specified in EASA AD 2021-0128 that is required for compliance with it is available at *https://www.regulations.gov* by searching for and locating Docket No. FAA-2021-0458. Justification for Immediate Adoption and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act
(APA)(5 U.S.C. 551 *et seq.* ) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for “good cause,” finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies forgoing notice and comment prior to adoption of this rule because the loss of the blue and green hydraulic systems in flight could lead to loss of all hydraulic circuits, possibly resulting in loss of control of the airplane. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forgo notice and comment. Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under ADDRESSES . Include “Docket No. FAA-2021-0458; Project Identifier MCAI-2021-00595-T” at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule 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 final rule. 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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; email *Vladimir.Ulyanov@faa.gov.* Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Regulatory Flexibility Act
(RFA)The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 56 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: Estimated Costs for Required Actions Labor cost Parts cost Cost per product Cost on U.S. operators 3 work-hours × $85 per hour = $255 $0 $255 $14,280 The FAA estimates the following costs to do any necessary on-condition actions that would be required based on the results of any required actions. The FAA has no way of determining the number of aircraft that might need these on-condition actions: Estimated Costs of On-Condition Actions Labor cost Parts cost Cost per product 8 work-hours × $85 per hour = $680 $0 $680 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings The FAA determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866, and
(2)Will not affect intrastate aviation in Alaska. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **2021-12-15 Airbus SAS:** Amendment 39-21602; Docket No. FAA-2021-0458; Project Identifier MCAI-2021-00595-T.
(a)Effective Date This airworthiness directive
(AD)becomes effective June 25, 2021.
(b)Affected ADs None.
(c)Applicability This AD applies to all Airbus SAS Model A330-243, A330-243F, A330-341, A330-342, and A330-343 airplanes, certificated in any category.
(d)Subject Air Transport Association
(ATA)of America Code 71, Powerplant.
(e)Reason This AD was prompted by a report of an in-flight turnback due to loss of green and blue hydraulic systems in cruise. The FAA is issuing this AD to address the potential loss of the blue and green hydraulic systems in flight, which could lead to loss of all hydraulic circuits, possibly resulting in loss of control of the airplane.
(f)Compliance Comply with this AD within the compliance times specified, unless already done.
(g)Requirements Except as specified in paragraph
(h)of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency
(EASA)AD 2021-0128, dated May 17, 2021 (EASA AD 2021-0128).
(h)Exceptions to EASA AD 2021-0128
(1)Where EASA AD 2021-0128 refers to its effective date, this AD requires using the effective date of this AD.
(2)Where paragraph
(2)of EASA AD 2021-0128 specifies actions if “discrepancies are found,” for this AD “discrepancies” include incorrect harness routing and pump pressure connections.
(3)The “Remarks” section of EASA AD 2021-0128 does not apply to this AD.
(i)No Reporting Requirement Although the service information referenced in EASA AD 2021-0128 specifies to submit certain information to the manufacturer, this AD does not include that requirement.
(j)Other FAA AD Provisions The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph
(k)of this AD. Information may be emailed to: *9-AVS-AIR-730-AMOC@faa.gov.* Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.
(2)*Contacting the Manufacturer:* For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, Large Aircraft Section, International Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design Organization Approval (DOA); or Rolls-Royce's EASA DOA. If approved by a DOA, the approval must include the DOA-authorized signature.
(3)*Required for Compliance (RC):* If any service information referenced in EASA AD 2021-0128 contains paragraphs that are labeled as RC, the instructions in RC paragraphs, including subparagraphs under an RC paragraph, must be done to comply with this AD; any paragraphs, including subparagraphs under those paragraphs, that are not identified as RC are recommended. The instructions in paragraphs, including subparagraphs under those paragraphs, not identified 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 instructions identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to instructions identified as RC require approval of an AMOC.
(k)Related Information For more information about this AD, contact Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; email *Vladimir.Ulyanov@faa.gov.*
(l)Material Incorporated by Reference
(1)The Director of the Federal Register approved the incorporation by reference
(IBR)of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.
(i)European Union Aviation Safety Agency
(EASA)AD 2021-0128, dated May 17, 2021.
(ii)[Reserved]
(3)For EASA AD 2021-0128, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email *ADs@easa.europa.eu;* internet *www.easa.europa.eu.* You may find this EASA AD on the EASA website at *https://ad.easa.europa.eu.*
(4)You may view this material 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 206-231-3195. This material may be found in the AD docket at *https://www.regulations.gov* by searching for and locating Docket No. FAA-2021-0458.
(5)You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email *fedreg.legal@nara.gov,* or go to *https://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued on June 6, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021-12301 Filed 6-8-21; 4:15 pm]
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