Unknown. Final rule; request for comments

5,395 words·~25 min read·/register/2022/01/31/2022-01995·

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-2022-01-31.xml --- 87 20 Monday, January 31, 2022 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5190-5198 2021-27969 Animal Animal and Plant Health Inspection Service NOTICES Imports: Acer spp. (Acer buergerianum, A. palmatum, and A. pseudosieboldianum) Dwarf Plants from the Republic of Korea, 4832-4833 2022-01903 Consumer Financial Protection Bureau of Consumer Financial Protection PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 5326-5329 2021-27972 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4887-4895 2022-01824 2022-01825 2022-01826 2022-01885 2022-01886 Meetings: Advisory Committee on Immunization Practices, 4889-4890 2022-01820 Civil Rights Civil Rights Commission NOTICES Meetings: California Advisory Committee, 4833 2022-01867 Connecticut Advisory Committee; Correction, 4833 2022-01914 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 5200-5212 2021-28219 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5286 2021-28526 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4870-4871 2022-01810 Consumer Product Consumer Product Safety Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5332-5337 2021-27973 Defense Department Defense Department PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 5214-5217, 5312-5324 2021-27966 2021-27967 Drug Drug Enforcement Administration NOTICES Decision and Order: Austin J. Kosier, MD, 4941-4943 2022-01834 Bradley H. Chesler, MD, 4917-4941 2022-01838 Michael E. Smith, DVM, 4944-4954 2022-01840 Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: Mylan Pharmaceuticals, Inc., 4943-4944 2022-01817 Navinta, LLC, 4955 2022-01815 Siegfried USA, LLC, 4941 2022-01816 Economic Analysis Bureau Economic Analysis Bureau NOTICES Annual Survey:

BE-15; Foreign Direct Investment in the United States, 4838 2022-01819 BE-29; Foreign Ocean Carriers' Expenses in the United States, 4839 2022-01822 Quarterly Survey: BE-125; Transactions in Selected Services and Intellectual Property with Foreign Persons, 4836-4837 2022-01831 BE-185; Financial Services Transactions Between United States Financial Services Providers and Foreign Persons, 4835-4836 2022-01835 BE-30; Ocean Freight Revenues and Foreign Expenses of U.S. Carriers, 4839-4840 2022-01821 BE-37;

U.S. Airline Operators' Foreign Revenues and Expenses, 4837-4838 2022-01823 BE-45; Insurance Transactions by United States Insurance Companies with Foreign Persons, 4833-4834 2022-01830 BE-577; United States Direct Investment Abroad; Transactions of United States Reporter with Foreign Affiliate, 4834-4835 2022-01836 BE-605; Foreign Direct Investment in the United States; Transactions of United States Affiliate with Foreign Parent, 4836 2022-01837 Education Department Education Department PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 5220 2022-00822 NOTICES 2022-23 Award Year Deadline Dates: Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs, 4871-4873 2022-01897 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Private School Universe Survey 2023-24 Data Collection, 2023-24 and 2025-26 Private School Universe Survey Frame Development Activities, 4873-4874 2022-01900 Applications for New Awards:

Personnel Development to Improve Services and Results for Children with Disabilities--Preparation of Special Education, Early Intervention, and Related Services Leadership Personnel, 4874-4882 2022-01878 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5222-5224 2022-00284 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4882 2022-01935 Meetings:

Environmental Management Site-Specific Advisory Board, Idaho Cleanup Project, 4882-4883 2022-01883 Re-Establishment: National Advisory Committee on Coal, 4883 2022-01934 Environmental Protection Environmental Protection Agency RULES Air Plan Approval: Missouri; Redesignation Request and Associated Maintenance Plan for the Jackson County 2010 SO <sup>2</sup> 1-Hour National Ambient Air Quality Standard Nonattainment Area, 4812-4815 2022-01649 Air Quality State Implementation Plans;

Approvals and Promulgations: Arizona; Hayden and Miami Nonattainment Areas, Finding of Failure to Attain the 2008 Lead and 2010 Sulfur Dioxide Standards, 4805-4812 2022-01595 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5288-5293 2021-27970 NOTICES Coastal Nonpoint Pollution Control Program: Proposal to Find that Louisiana has Satisfied All Conditions of Approval, 4870 C1-2022-01586 Meetings: Chartered Science Advisory Board, 4886 2022-01941 Farm Credit Farm Credit Administration NOTICES Meetings;

Sunshine Act, 4886-4887 2022-02058 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Joseph State Airport, OR, 4803-4804 2022-01911 Monticello Airport, UT, 4804-4805 2022-01904 Airworthiness Directives: Airbus Helicopters, 4800-4803 2022-01864 The Boeing Company Airplanes, 4787-4797 2022-01995 Umlaut Engineering GmbH (Previously P3 Engineering GmbH) HAFEX (Halon-Free) Hand-Held Fire Extinguishers, 4797-4800 2022-01859 PROPOSED RULES Airworthiness Directives:

Airbus Helicopters, 4820-4822 2022-01805 Helicopteres Guimbal Helicopters, 4822-4826 2022-01829 The Boeing Company Airplanes, 4826-4831 2022-01856 2022-01860 Federal Communications Federal Communications Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5340-5370 2021-28337 NOTICES Meetings: Technological Advisory Council, 4887 2022-01919 Federal Emergency Federal Emergency Management Agency NOTICES Request for Applications: Membership on the National Advisory Council, 4900-4901 2022-01901 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 4883-4885 2022-01894 2022-01895 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Graphite Solar 1, LLC, 4885-4886 2022-01890 Jicarilla Solar 2, LLC, 4883-4884 2022-01891 Technical Conference: Financial Assurance Measures for Hydroelectric Projects, 4884 2022-01892 Federal Reserve Federal Reserve System PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5372-5373 2021-27950 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 4887 2022-01920 Food and Drug Food and Drug Administration NOTICES Charter Amendments, Establishments, Renewals and Terminations:

Vaccines and Related Biological Products Advisory Committee, 4897-4898 2022-01858 Guidance for Industry: Principles of Premarket Pathways for Combination Products, 4895-4897 2022-01925 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 4995-4997 2022-01931 General Services General Services Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5296-5299, 5312-5324 2021-27965 2021-27966 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 PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 5226-5236 2021-27956 Health Resources Health Resources and Services Administration NOTICES Meetings: Advisory Committee on Childhood Vaccines, 4898 2022-01848 Homeland Homeland Security Department See Federal Emergency Management Agency PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5238-5244 2021-27977 NOTICES Requests for Nominations: Homeland Security Academic Advisory Council, 4901-4902 2022-01839 Indian Affairs Indian Affairs Bureau NOTICES HEARTH Act Approval:

Confederated Tribes of the Grand Ronde Community of Oregon Leasing Ordinance, 4907-4908 2022-01869 Eastern Shawnee Tribe of Oklahoma Agricultural Leasing Act, 4905-4906 2022-01871 Eastern Shawnee Tribe of Oklahoma Business Leasing Act, 4908-4909 2022-01872 Eastern Shawnee Tribe of Oklahoma Residential Leasing Act, 4909-4910 2022-01868 Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana Leasing Ordinance, 4906-4907 2022-01870 Pascua Yaqui Tribe of Arizona Solar and Renewable Energy Leasing Ordinance, 4902-4903 2022-01876 Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada Tribal Lands Leasing Ordinance, 4903-4904 2022-01875 Tule River Indian Tribe of the Tule River Reservation, California Leasing Ordinance, 4911-4912 2022-01877 Ysleta del Sur Pueblo Leasing Ordinance, 4904-4905 2022-01873 Interior Interior Department See Indian Affairs Bureau RULES Civil Monetary Penalty Inflation Adjustment, 4815-4817 2022-01937 PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 5246-5249 2021-27978 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4997-4998, 5000 2022-01906 2022-01907 2022-01908 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Determination for Terminating Plan, and Distributable Benefits from Employee Pension Benefit Plans, 4999-5000 2022-01841 Relief for Service in Combat Zone and for Presidentially Declared Disaster, 4997-4998 2022-01905 Reporting Requirements for Widely Held Fixed Investment Trusts, 4998-4999 2022-01879 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Chlorinated Isocyanurates from Spain and the People's Republic of China, 4841-4842 2022-01933 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan, 4842-4843 2022-01932 Meetings: Civil Nuclear Trade Advisory Committee, 4840-4841 2022-01832 National Travel and Tourism Strategy, 4843-4844 2022-01795 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Adalimumab, Processes for Manufacturing or Relating to Same, and Products Containing Same, 4912-4913 2022-01917 Certain High-Performance Gravity-Fed Water Filters and Products Containing the Same, 4913 2022-01850 Certain Integrated Circuit Products and Devices Containing the Same, 4915-4916 2022-01887 Foreign Trade Zones;

Effects of Policies and Practices on U.S. Firms Operating in U.S. Foreign Trade Zones and under Similar Programs in Canada and Mexico, 4914-4915 2022-01916 Justice Department Justice Department See Drug Enforcement Administration NOTICES Report on Lawful Uses of Race or Sex in Federal Contracting Programs, 4955 2022-01478 Labor Department Labor Department See Occupational Safety and Health Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5252-5254 2021-28220 Legal Legal Services Corporation RULES Income Level for Individuals Eligible for Assistance, 4817-4818 2022-01922 Management Management and Budget Office PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 5302 2021-27971 NASA National Aeronautics and Space Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5312-5324 2021-27966 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 4956 2022-01930 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration NOTICES Receipt of Petition for Decision of Inconsequential Noncompliance:

Maserati North America, Inc., 4991-4993 2022-01828 Toyota Motor North America, Inc., 4993-4995 2022-01827 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 4898-4899 2022-01882 National Institute on Alcohol Abuse and Alcoholism, 4899 2022-01902 National Labor National Labor Relations Board PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5376 2021-27951 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Pacific Cod by Catcher Vessels Less Than 60 Feet (18.3 Meters) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area, 4818-4819 2022-01814 NOTICES Coastal Nonpoint Pollution Control Program: Proposal to Find that Louisiana has Satisfied All Conditions of Approval, 4870 C1-2022-01586 Meetings: Pacific Fishery Management Council, 4869-4870 2022-01913 Takes of Marine Mammals Incidental to Specified Activities: BNSF Railway Bridge Heavy Maintenance Project in King County, WA, 4844-4866 2022-01833 Taking or Importing of Marine Mammals:

Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 4866-4869 2022-01918 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4957 2022-01863 Meetings: Proposal Review Panel for Materials Research; Correction, 4957 2022-01910 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5378-5380 2021-27962 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Federal Advisory Council on Occupational Safety and Health, 4955-4956 2022-01924 Personnel Personnel Management Office PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 5304 2021-28224 Postal Service Postal Service NOTICES Privacy Act; Systems of Records, 4957-4970 2022-01062 2022-01063 2022-01064 Presidential Documents Presidential Documents EXECUTIVE ORDERS Manual for Courts-Martial, U.S.; 2022 Amendments (EO 14062), 4763-4786 2022-02027 Regulatory Regulatory Information Service Center PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda; Regulatory Plan, 5002-5187 2022-00702 Securities Securities and Exchange Commission PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 5382-5386 2021-27952 NOTICES Meetings; Sunshine Act, 4972, 4980 2022-02030 2022-02063 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 4980 2022-01845 Financial Industry Regulatory Authority, Inc., 4974-4980 2022-01843 New York Stock Exchange, LLC, 4972-4974, 4982-4988 2022-01842 2022-01851 NYSE American, LLC, 4988-4990 2022-01846 NYSE Arca, Inc., 4970-4972, 4974 2022-01849 2022-01854 NYSE National, Inc., 4981-4982 2022-01853 Small Business Small Business Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 5306-5309 2021-27964 Social Social Security Administration NOTICES Privacy Act; Matching Program, 4990-4991 2022-01847 State Department State Department NOTICES Culturally Significant Object Being Imported: Conservation, Scientific Research, and Exhibition, 4991 2022-01862 Jurassic Oceans: Monsters of the Deep Exhibition, 4991 2022-01861 Surface Transportation Surface Transportation Board PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5388 2021-27963 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 5256-5275 2021-27948 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 5278-5283 2021-27949 Separate Parts In This Issue Part II Regulatory Information Service Center, 5002-5187 2022-00702 Part III Agriculture Department, 5190-5198 2021-27969 Part IV Commerce Department, 5200-5212 2021-28219 Part V Defense Department, 5214-5217 2021-27967 Part VI Education Department, 5220 2022-00822 Part VII Energy Department, 5222-5224 2022-00284 Part VIII Health and Human Services Department, 5226-5236 2021-27956 Part IX Homeland Security Department, 5238-5244 2021-27977 Part X Interior Department, 5246-5249 2021-27978 Part XI Labor Department, 5252-5254 2021-28220 Part XII Transportation Department, 5256-5275 2021-27948 Part XIII Treasury Department, 5278-5283 2021-27949 Part XIV Committee for Purchase From People Who Are Blind or Severely Disabled, 5286 2021-28526 Part XV Environmental Protection Agency, 5288-5293 2021-27970 Part XVI General Services Administration, 5296-5299 2021-27965 Part XVII Management and Budget Office, 5302 2021-27971 Part XVIII Personnel Management Office, 5304 2021-28224 Part XIX Small Business Administration, 5306-5309 2021-27964 Part XX Defense Department, 5312-5324 2021-27966 General Services Administration, 5312-5324 2021-27966 National Aeronautics and Space Administration, 5312-5324 2021-27966 Part XXI Bureau of Consumer Financial Protection, 5326-5329 2021-27972 Part XXII Consumer Product Safety Commission, 5332-5337 2021-27973 Part XXIII Federal Communications Commission, 5340-5370 2021-28337 Part XXIV Federal Reserve System, 5372-5373 2021-27950 Part XXV National Labor Relations Board, 5376 2021-27951 Part XXVI Nuclear Regulatory Commission, 5378-5380 2021-27962 Part XXVII Securities and Exchange Commission, 5382-5386 2021-27952 Part XXVIII Surface Transportation Board, 5388 2021-27963 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. 87 20 Monday, January 31, 2022 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2022-0017; Project Identifier AD-2022-00058-T; Amendment 39-21937; AD 2022-03-20] RIN 2120-AA64 Airworthiness Directives;

The Boeing Company 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 The Boeing Company Model 737-8, 737-9, and 737-8200 airplanes. This AD was prompted by a determination that radio altimeters cannot be relied upon to perform their intended function if they experience interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band), and a recent determination that, during takeoffs and landings, as a result of this interference, certain airplane systems may not properly function, resulting in longer than normal landing or rejected takeoff distances due to the effect on thrust reverser deployment, spoilers, speedbrake deployment, and increased idle thrust, regardless of the approach type or weather. This AD requires revising the limitations and operating procedures sections of the existing airplane flight manual

(AFM)to incorporate limitations prohibiting the use of certain minimum equipment list

(MEL)items, and to incorporate operating procedures for calculating takeoff and landing distances, when in the presence of 5G C-Band interference as identified by Notices to Air Missions (NOTAMs). The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 31, 2022. The FAA must receive comments on this AD by March 17, 2022. 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. Examining the AD Docket You may examine the AD docket at *https://www.regulations.gov* by searching for and locating Docket No. FAA-2022-0017; 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 final rule, any comments received, and other information. The street address for the Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Dean Thompson, Senior Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3165; email: *dean.r.thompson@faa.gov.* SUPPLEMENTARY INFORMATION: Background In March 2020, the United States Federal Communications Commission

(FCC)adopted final rules authorizing flexible use of the 3.7-3.98 GHz band for next generation services, including 5G and other advanced spectrum-based services. 1 Pursuant to these rules, C-Band wireless broadband deployment was permitted to occur in phases with the opportunity for operations in the lower 0.1 GHz of the band (3.7-3.8 GHz) in certain markets beginning on January 19, 2022. This AD refers to “5G C-Band” interference, but wireless broadband technologies, other than 5G, may use the same frequency band. 2 These other uses of the same frequency band are within the scope of this AD since they would introduce the same risk of radio altimeter interference as 5G C-Band. 1 The FCC's rules did not make C-Band wireless broadband available in Alaska, Hawaii, and the U.S. Territories. 2 The regulatory text of the AD uses the term “5G C-Band” which, for purposes of this AD, has the same meaning as “5G”, “C-Band” and “3.7-3.98 GHz.” The radio altimeter is an important aircraft instrument, and its intended function is to provide direct height-above-terrain/water information to a variety of aircraft systems. Commercial aviation radio altimeters operate in the 4.2-4.4 GHz band, which is separated by 0.22 GHz from the C-Band telecommunication systems in the 3.7-3.98 GHz band. The radio altimeter is more precise than a barometric altimeter and for that reason is used where aircraft height over the ground needs to be precisely measured, such as autoland, manual landings, or other low altitude operations. The receiver on the radio altimeter is typically highly accurate, however it may deliver erroneous results in the presence of out-of-band radio frequency emissions from other frequency bands. The radio altimeter must detect faint signals reflected off the ground to measure altitude, in a manner similar to radar. Out-of-band signals could significantly degrade radio altimeter functions during critical phases of flight, if the altimeter is unable to sufficiently reject those signals. The FAA issued AD 2021-23-12, Amendment 39-21810 (86 FR 69984, December 9, 2021) (AD 2021-23-12) to address the effect of 5G C-Band interference on all transport and commuter category airplanes equipped with a radio (also known as radar) altimeter. AD 2021-23-12 requires revising the limitations section of the existing AFM to incorporate limitations prohibiting certain operations, which require radio altimeter data to land in low visibility conditions, when in the presence of 5G C-Band interference as identified by NOTAM. The FAA issued AD 2021-23-12 because radio altimeter anomalies that are undetected by the automation or pilot, particularly close to the ground ( *e.g.,* landing flare), could lead to loss of continued safe flight and landing. Since the FAA issued AD 2021-23-12, Boeing has continued to evaluate potential 5G C-Band interference on aircraft systems that rely on radio altimeter inputs. Boeing issued Boeing Multi Operator Message MOM-MOM-22-0016-01B(R1), dated January 16, 2022, and Boeing Flight Crew Operations Manual Bulletin TBC-26, “Radio Altimeter Anomalies due to 5G C-Band Wireless Broadband Interference in the United States,” dated January 17, 2022. Based on Boeing's data, the FAA identified an additional hazard presented by 5G C-Band interference on The Boeing Company 737-8, 737-9, and 737-8200 airplanes. The FAA determined anomalies due to 5G C-Band interference may affect multiple other airplane systems using radio altimeter data, regardless of the approach type or weather. These anomalies may not be evident until very low altitudes. Impacted systems include, but are not limited to: Autopilot flight director system; autothrottle system; engines; thrust reversers; flight controls; flight instruments; traffic alert and collision avoidance system (TCAS); ground proximity warning system (GPWS); and configuration warnings. As a result of erroneous radio altimeter data provided to these systems in the event of 5G C-Band interference, takeoff and landing performance can be adversely impacted. This may have multiple effects, including: • Autothrottle may remain in speed

(SPD)mode and may increase thrust to maintain speed during flare instead of reducing the thrust to IDLE at 27 feet radio altitude

(RA)or may reduce thrust to IDLE prematurely. • Thrust reversers may not deploy during rejected takeoff or landing roll. • Engines may be at higher idle during rejected takeoff or remain at approach idle after touchdown. • Automatic speedbrake may not deploy after touchdown during the landing roll. • SPEEDBRAKE EXTENDED light may not be available or may illuminate erroneously during the landing roll. • SPEEDBRAKE time critical visual and aural warnings may not be available during the landing roll. • Spoilers may be limited to their maximum in-flight position during manual deployment after rejected takeoff or touchdown during the landing roll. • Landing Attitude Modifier may be erroneous. • Other simultaneous flight deck effects associated with the 5G C-Band interference could increase pilot workload. As a result of these effects, lack of thrust reverser and speedbrake deployment, limited spoiler extension, and increased idle thrust may occur; and brakes may be the only means to slow the airplane. Therefore, the presence of 5G C-Band interference can result in degraded deceleration performance, subsequently resulting in longer than normal landing or rejected takeoff distances, which could lead to a runway excursion. This is an unsafe condition. The severity of the hazard created by a lack of thrust reverser and speedbrake deployment, limited spoiler extension, and by increased idle thrust, increases when the runway is contaminated with frozen or liquid precipitation. The FAA categorizes runway surface conditions with codes from 6 through 0, with 6 being a dry runway and therefore no detrimental effect on braking, and a code of 0 denoting surface conditions, such as wet ice, in which braking may not be effective. This AD mandates procedures for operators to account for this longer than normal landing or rejected takeoff distances, for all runway conditions, in the presence of 5G C-Band interference as identified by NOTAM. It prohibits operators from dispatching or releasing airplanes to or from affected airports when certain braking and anti-skid functions on the airplane are inoperable. It also prohibits operators from dispatch or release to, or takeoff or landing on, runways with condition codes 1 and 0. The FAA is issuing this AD to address the unsafe condition on these products. FAA's Determination The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. AD Requirements This AD requires revising the limitations and operating procedures sections of the existing AFM to incorporate limitations prohibiting the use of certain MEL items, and to incorporate operating procedures for calculating takeoff and landing distances, when in the presence of 5G C-Band interference as identified by NOTAMs. Compliance With AFM Revisions Section 91.9 prohibits any person from operating a civil aircraft without complying with the operating limitations specified in the AFM. FAA regulations also require operators to furnish pilots with any changes to the AFM (14 CFR 121.137) and pilots in command to be familiar with the AFM (14 CFR 91.505). Interim Action The FAA considers this AD to be an interim action. If final action is later identified, the FAA might consider further rulemaking. 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 during takeoffs and landings, as a result of 5G C-Band interference, certain airplane systems may not properly function, resulting in longer than normal landing or rejected takeoff distances due to the effect on thrust reverser deployment, spoilers, speedbrake deployment, and increased idle thrust, regardless of the approach type or weather. This could result in a runway excursion. The urgency is based on C-Band wireless broadband deployment, which was expected to occur in phases with operations beginning on January 19, 2022. 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 data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES . Include Docket No. FAA-2022-0017 and Project Identifier AD-2022-00058-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 Dean Thompson, Senior Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3165; email: *dean.r.thompson@faa.gov.* Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. Regulatory Flexibility Act The requirements of the Regulatory Flexibility Act

(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 177 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators AFM revision 1 work-hour × $85 per hour = $85 $0 $85 $15,045 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 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. 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: **2022-03-20 The Boeing Company:** Amendment 39-21937 ; Docket No. FAA-2022-0017; Project Identifier AD-2022-00058-T.

(a)Effective Date This airworthiness directive

(AD)is effective January 31, 2022.

(b)Affected ADs None.

(c)Applicability This AD applies to The Boeing Company Model 737-8, 737-9, and 737-8200 airplanes, certificated in any category.

(d)Subject Air Transport Association

(ATA)of America Code 34, Navigation.

(e)Unsafe Condition This AD was prompted by a determination that radio altimeters cannot be relied upon to perform their intended function if they experience interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band), and a determination that, during takeoffs and landings, as a result of this interference, certain airplane systems may not properly function, resulting in longer than normal landing or rejected takeoff distances due to the effect on thrust reverser deployment, spoilers, speedbrake deployment, and increased idle thrust, regardless of the approach type or weather. The FAA is issuing this AD to address degraded deceleration performance, which could lead to a runway excursion.

(f)Compliance Comply with this AD within the compliance times specified, unless already done.

(g)Definitions Runway condition codes are defined in figure 1 to paragraph

(g)of this AD. ER31JA22.003

(h)Airplane Flight Manual

(AFM)Revision

(1)Within 2 days after the effective date of this AD: Revise the Limitations Section of the existing AFM to include the information specified in figure 2 to paragraph (h)(1) of this AD. This may be done by inserting a copy of figure 2 to paragraph (h)(1) of this AD into the existing AFM. BILLING CODE 4910-13-P ER31JA22.004

(2)Within 2 days after the effective date of this AD: Revise the Operating Procedures Section of the existing AFM to include the information specified in figure 3 to paragraph (h)(2) of this AD. This may be done by inserting a copy of figure 3 to paragraph (h)(2) of this AD into the existing AFM. ER31JA22.005 ER31JA22.006 ER31JA22.007 ER31JA22.008 ER31JA22.009 ER31JA22.010 **Note 1 to paragraph (h):** Guidance for accomplishing the actions required by this AD can be found in Boeing Multi Operator Message MOM-MOM-22-0016-01B(R1), dated January 16, 2022, and Boeing Flight Crew Operations Manual Bulletin TBC-26, “Radio Altimeter Anomalies due to 5G C-Band Wireless Broadband Interference in the United States,” dated January 17, 2022.

(i)Alternative Methods of Compliance (AMOCs)

(1)The Manager, Seattle 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 paragraph (j)(1) of this AD. Information may be emailed to: *9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.*

(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)AMOCs approved for AD 2021-23-12, Amendment 39-21810 (86 FR 69984, December 9, 2021) providing relief for specific radio altimeter installations are approved as AMOCs for the provisions of this AD.

(j)Related Information

(1)For more information about this AD, contact Dean Thompson, Senior Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3165; email: *dean.r.thompson@faa.gov.*

(2)For service information identified in this AD that is not incorporated by reference, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; internet *https://www.myboeingfleet.com.*

(k)Material Incorporated by Reference None. Issued on January 26, 2022. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022-01995 Filed 1-27-22; 4:15 pm]

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