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Code · REGISTER · 2022-09-19 · Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service See Natural Resources Conserv · Unknown

Unknown. Final rule; request for comments

4,594 words·~21 min read·/register/2022/09/19/2022-20146

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-2022-09-19.xml --- 87 180 Monday, September 19, 2022 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service See Natural Resources Conservation Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57168 2022-20134 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Irradiation Phytosanitary Treatment of Imported Fruits and Vegetables, 57168-57169 2022-20199 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Sony Honda Mobility, Inc., 57221 2022-20229 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57183 2022-20156 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 57181-57182 2022-20204 2022-20205 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Single Source Funding Opportunity: Comprehensive Patient Reported Survey for Mental and Behavioral Health, 57197-57198 2022-20170 Children Children and Families Administration NOTICES Privacy Act; Systems of Records, 57198-57202 2022-20139 Coast Guard Coast Guard RULES Drawbridge Operation: Back Bay of Biloxi, Biloxi, MS, 57147-57148 2022-20176 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Real Estate Lending and Appraisals, 57254-57255 2022-20227 Defense Department Defense Department See Army Department RULES Civil Monetary Penalty Inflation Adjustment, 57145-57147 2022-20154 PROPOSED RULES Federal Acquisition Regulation: Removal of Acquisition of Helium Subpart, 57166-57167 2022-19642 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57183-57184, 57186-57187 2022-20157 2022-20158 TRICARE Expansion:
Hearing Aid Ordering Model to Private Sector Care for Active Duty Service Members Receiving Care through the Supplemental Health Care Program, 57184-57186 2022-20149 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 57187 2022-20366 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration RULES Energy Conservation Program: Test Procedure for Circulator Pumps, 57264-57301 2022-19760 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans;
Approvals and Promulgations: California; San Diego Air Pollution Control District; San Joaquin Valley Unified Air Pollution Control District, 57161-57165 2022-20135 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Refrigerant Recycling and Emissions Reduction Program, 57194-57195 2022-20172 State Review Framework, 57193-57194 2022-20173 Equal Equal Employment Opportunity Commission NOTICES Performance Review Board Membership, 57195 2022-20140 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:
Airbus SAS Airplanes, 57139-57142 2022-20146 PROPOSED RULES Airspace Designations and Reporting Points: Brookings, OR, 57160-57161 2022-20082 Delphi, IN, 57158-57160 2022-19937 Airworthiness Directives: Airbus SAS Airplanes, 57150-57155 2022-20089 2022-20090 The Boeing Company Airplanes, 57155-57158 2022-19960 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey of Airman Satisfaction with Aeromedical Certification Services, 57247-57248 2022-20233 Federal Communications Federal Communications Commission RULES Television Broadcasting Services:
Staunton, Virginia, 57148-57149 2022-19883 PROPOSED RULES Pleading Cycle Established for Petition for Reconsideration Filed by Sonic Telecom, LLC, 57165 2022-20153 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State, Tribe, and Territory Disaster Case Management Federal Award, 57214-57215 2022-20165 Proposed Flood Hazard Determinations: Winneshiek County, IA and Incorporated Areas;
Withdrawal, 57214 2022-20160 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 57187-57189 2022-20179 2022-20180 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Tobacco Products; Required Warnings for Cigarette Packages and Advertisements, 57206-57209 2022-20196 Drug Products not Withdrawn from Sale for Reasons of Safety or Effectiveness: Endep (Amitriptyline Hydrochloride) Oral Concentrate, 40 Milligrams/Milliliter, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness, 57202-57203 2022-20195 Meetings:
Cardiovascular and Renal Drugs Advisory Committee, 57205-57206 2022-20198 Request for Membership Applications: Clinical Trials Transformation Initiative/Food and Drug Administration Patient Engagement Collaborative, 57203-57205 2022-20221 Food and Nutrition Food and Nutrition Service RULES Streamlining Program Requirements and Improving Integrity in the Summer Food Service Program, 57304-57366 2022-20084 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Modernization of Swine Slaughter Inspection, 57169-57170 2022-20151 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Actions, 57255-57259 2022-20194 2022-20234 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Clear Branch Dam Rehabilitation Project, Hood River County, OR, 57171-57173 2022-20164 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulation: Removal of Acquisition of Helium Subpart, 57166-57167 2022-19642 NOTICES Request for Information:
Photovoltaic Systems, 57195-57197 2022-20138 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Meetings: Hypertension Summit, 57209 2022-20214 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: 2023 American Housing Survey, 57215-57216 2022-20224 Owner's Certification with HUD Tenant Eligibility and Rent Procedures, 57217 2022-20226 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Hot-Rolled Steel Flat Products from Australia, 57178-57179 2022-20208 Certain Passenger Vehicles and Light Truck Tires from the People's Republic of China;
Correction, 57174-57176 2022-20207 Oil Country Tubular Goods from Ukraine, 57176-57178 2022-20169 Decision on Application for Duty-Free Entry of Scientific Instruments: Inspiration and Recognition of Science and Technology (FIRST), et al., 57173-57174 2022-20209 International Trade Com International Trade Commission NOTICES Complaint: Certain Integrated Circuits, Mobile Devices Containing the Same, and Components Thereof, 57218-57219 2022-20162 Certain Raised Garden Beds and Components Thereof, 57219-57221 2022-20163 Certain Semiconductor Devices, Mobile Devices Containing the Same, and Components Thereof, 57217-57218 2022-20166 Judicial Conference Judicial Conference of the United States NOTICES Meetings:
Advisory Committee on Appellate Rules, 57221 2022-20175 Advisory Committee on Civil Rules, 57221 2022-20174 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Prisoner Statistics Program, 57221-57222 2022-20159 Labor Department Labor Department See Labor Statistics Bureau See Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Respirable Coal Mine Dust Samplings, 57222-57223 2022-20190 Labor Statistics Labor Statistics Bureau NOTICES Charter Amendments, Establishments, Renewals and Terminations: Data Users Advisory Committee, 57223-57224 2022-20192 Technical Advisory Committee, 57223 2022-20193 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation: Removal of Acquisition of Helium Subpart, 57166-57167 2022-19642 National Highway National Highway Traffic Safety Administration NOTICES Environmental Impact Statements;
Availability, etc.: Model Years 2030 and beyond New Medium- and Heavy-Duty Fuel Efficiency Improvement Program Standards, 57248-57254 2022-20211 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 57209-57213 2022-20178 2022-20181 2022-20182 2022-20219 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 57211 2022-20183 National Institute of Allergy and Infectious Diseases, 57211-57212 2022-20147 2022-20148 National Institute of Diabetes and Digestive and Kidney Diseases, 57210 2022-20217 National Institute of General Medical Sciences, 57213-57214 2022-20218 National Institute on Aging, 57212 2022-20220 2022-20241 National Library of Medicine, 57210-57211 2022-20225 Office of the Director, 57211 2022-20222 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:
Developing the National Ocean Service Strategic Plan, 57180-57181 2022-20212 International Whaling Commission, 57181 2022-20203 Request for Comments: Interagency Working Group on Ocean Acidification, 57179 2022-20215 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Materials Research, 57225 2022-20216 National Resources Natural Resources Conservation Service NOTICES Environmental Impact Statements; Availability, etc.: Clear Branch Dam Rehabilitation Project, Hood River County, OR, 57171-57173 2022-20164 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Direct Transfer of License;
Extending Effectiveness of Order: In the Matter of LaCrosseSolutions, LLC; La Crosse Boiling Water Reactor, 57225-57226 2022-20155 Meetings: Advisory Committee on Reactor Safeguards, 57226-57227 2022-20232 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 57227-57228 2022-20213 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Hispanic Heritage Month (Proc. 10446), 57137-57138 2022-20325 Securities Securities and Exchange Commission NOTICES Meetings;
Sunshine Act, 57228 2022-20310 Self-Regulatory Organizations; Proposed Rule Changes: MEMX, LLC, 57238-57244 2022-20144 New York Stock Exchange, LLC, 57233-57238 2022-20150 NYSE Arca, Inc., 57228-57233, 57244-57246 2022-20143 2022-20145 Social Social Security Administration NOTICES Rescission of Social Security Acquiescence Ruling, 57246-57247 2022-20185 Trade Representative Trade Representative, Office of United States NOTICES Fiscal Year 2023 Tariff-Rate Quota Allocations for Refined and Specialty Sugar, 57247 2022-20168 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office RULES Import Restrictions on Archaeological and Ethnological Materials from Mali, 57142-57145 2022-20314 Customs U.S.
Customs and Border Protection RULES Import Restrictions on Archaeological and Ethnological Materials from Mali, 57142-57145 2022-20314 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Employment Certification Form, 57261-57262 2022-20141 Privacy Act; Matching Program, 57259-57261 2022-20191 Privacy Act; Systems of Records, 57261 2022-20177 Western Western Area Power Administration NOTICES Rate Order:
Boulder Canyon Project, 57189-57193 2022-20189 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Claim for Schedule Award (CA-9), 57224-57225 2022-20186 Separate Parts In This Issue Part II Energy Department, 57264-57301 2022-19760 Part III Agriculture Department, Food and Nutrition Service, 57304-57366 2022-20084 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. 87 180 Monday, September 19, 2022 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2022-1156; Project Identifier MCAI-2021-01024-T; Amendment 39-22175; AD 2022-19-06] 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 A310 series airplanes. This AD was prompted by a determination that new or more restrictive airworthiness tasks are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness tasks, 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 is effective October 4, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 4, 2022. The FAA must receive comments on this AD by November 3, 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 *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. AD Docket You may examine the AD docket at *regulations.gov* under Docket No. FAA-2022-1156; 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, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference • 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;* website *easa.europa.eu.* You may find this material on the EASA website at *ad.easa.europa.eu.* • 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 206-231-3195. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206-231-3225; email *dan.rodina@faa.gov.* SUPPLEMENTARY INFORMATION: 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-2022-1156; Project Identifier MCAI-2021-01024-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 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 final rule, 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 final rule. Submissions containing CBI should be sent to Dan Rodina, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206-231-3225; email *dan.rodina@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. Background EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2021-0205, dated September 14, 2021 (EASA AD 2021-0205) (referred to after this as the MCAI), to correct an unsafe condition on all Airbus SAS Model A310-203, -204, -221, -222, -304, -322, -324, and -325 airplanes. The MCAI states that new or more restrictive airworthiness limitation tasks related to nose and center fuselage and engine mount maintenance are necessary. The MCAI also states that not accomplishing the tasks could result in fatigue cracking, damage, or corrosion in principal structural elements. EASA AD 2021-0205 specifies that it requires tasks (limitations) already in Airbus A310 Airworthiness Limitations Section (ALS), Part 2, Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision 03, dated December 14, 2018, that is required by EASA AD 2019-0091 (which corresponds to FAA AD 2019-20-06, Amendment 39-19759 (84 FR 55859, October 18, 2019) (AD 2019-20-06)), and that incorporation of EASA AD 2021-0205 invalidates (terminates) prior instructions for those tasks. This AD therefore terminates the limitations for the corresponding tasks, as required by paragraph
(g)of AD 2019-20-06. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2022-1156. Related Service Information Under 1 CFR Part 51 The FAA reviewed EASA AD 2021-0205. This service information specifies new or more restrictive airworthiness tasks for airplane structures (nose and center fuselage, and engine mount). 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 this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI described above. The FAA is issuing this AD after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design. AD Requirements This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness tasks, which are specified in EASA AD 2021-0205 described previously, as incorporated by reference. Any differences with EASA AD 2021-0205 are identified as exceptions in the regulatory text of this AD. This AD requires revisions to certain operator maintenance documents to include new actions ( *e.g.,* inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance
(AMOC)according to paragraph (k)(1) 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 some 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 2021-0205 is incorporated by reference in this AD. This AD requires compliance with EASA AD 2021-0205 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 2021-0205 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 2021-0205. Service information required by EASA AD 2021-0205 for compliance will be available at regulations.gov by searching for and locating Docket No. FAA-2022-1156 after this final rule is published. Airworthiness Limitation ADs Using the New Process The FAA's process of incorporating by reference MCAI ADs as the primary source of information for compliance with corresponding FAA ADs has been limited to certain MCAI ADs (primarily those with service bulletins as the primary source of information for accomplishing the actions required by the FAA AD). However, the FAA is now expanding the process to include MCAI ADs that require a change to airworthiness limitation documents, such as airworthiness limitation sections. For these ADs that incorporate by reference an MCAI AD that changes airworthiness limitations, the FAA requirements are unchanged. Operators must revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the new airworthiness limitation document. The airworthiness limitations must be followed according to 14 CFR 91.403(c) and 91.409(e). The previous format of the airworthiness limitation ADs included a paragraph that specified that no alternative actions ( *e.g.,* inspections) or intervals may be used unless the actions and intervals are approved as an AMOC in accordance with the procedures specified in the AMOCs paragraph under “Additional AD Provisions.” This new format includes a “New Provisions for Alternative Actions and Intervals” paragraph that does not specifically refer to AMOCs, but operators may still request an AMOC to use an alternative action or interval. 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. There are currently no domestic operators of these products. Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the foregoing reason(s), 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. 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 Currently, there are no affected U.S.-registered airplanes. For any affected airplane that may be imported and placed on the U.S. Register in the future, the FAA provides the following cost estimates to comply with this AD: The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 work-hours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. The FAA estimates the total cost per operator for the new actions to be $7,650 (90 work-hours × $85 per work-hour). 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: **2022-19-06 Airbus SAS:** Amendment 39-22175; Docket No. FAA-2022-1156; Project Identifier MCAI-2021-01024-T.
(a)Effective Date This airworthiness directive
(AD)is effective October 4, 2022.
(b)Affected ADs This AD affects AD 2019-20-06, Amendment 39-19759 (84 FR 55859, October 18, 2019) (AD 2019-20-06).
(c)Applicability This AD applies to all Airbus SAS Model A310-203, -204, -221, -222, -304, -322, -324, and -325 airplanes, certificated in any category.
(d)Subject Air Transport Association
(ATA)of America Code 05, Time Limits/Maintenance Checks.
(e)Unsafe Condition This AD was prompted by a determination that new or more restrictive airworthiness tasks are necessary. The FAA is issuing this AD to address fatigue cracking, damage, or corrosion in principal structural elements. The unsafe condition, if not addressed, could result in reduced structural integrity of the fuselage.
(f)Compliance Comply with this AD within the compliance times specified, unless already done.
(g)Revision of the Existing Maintenance or Inspection Program 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 2021-0205, dated September 14, 2021 (EASA AD 2021-0205).
(h)Exceptions to EASA AD 2021-0205
(1)The requirements specified in paragraphs
(1)and
(2)of EASA AD 2021-0205 do not apply to this AD.
(2)Paragraph
(3)of EASA AD 2021-0205 specifies revising “the approved AMP” within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, within 90 days after the effective date of this AD.
(3)The initial compliance time for doing the tasks specified in paragraph
(3)of EASA 2021-0205 is at the applicable “associated thresholds” as incorporated by the requirements of paragraph
(3)of EASA AD 2021-0205, or within 90 days after the effective date of this AD, whichever occurs later.
(4)The provisions specified in paragraph
(4)of EASA AD 2021-0205 do not apply to this AD.
(5)The “Remarks” section of EASA AD 2021-0205 does not apply to this AD.
(i)New Provisions for Alternative Actions and Intervals After the existing maintenance or inspection program has been revised as required by paragraph
(g)of this AD, no alternative actions ( *e.g.,* inspections) and intervals are allowed unless they are approved as specified in the provisions of the “Ref. Publications” section of EASA AD 2021-0205.
(j)Terminating Action for AD 2019-20-06 Accomplishing the actions required by this AD terminates the corresponding requirements of AD 2019-20-06, for the tasks identified in the service information referenced in EASA AD 2021-0205 only.
(k)Additional AD Provisions The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, 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 International Validation Branch, send it to the attention of the person identified in paragraph
(l)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, International Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.
(l)Additional Information For more information about this AD, contact Dan Rodina, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206-231-3225; email *dan.rodina@faa.gov.*
(m)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 2021-0205, dated September 14, 2021.
(ii)[Reserved]
(3)For EASA AD 2021-0205, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email *ADs@easa.europa.eu;* website *easa.europa.eu.* You may find this EASA AD on the EASA website at *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.
(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 *fr.inspection@nara.gov,* or go to: *www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued on September 2, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022-20146 Filed 9-16-22; 8:45 am]
Connections15 off-index
15 references not yet in our index
  • 14 CFR 39
  • 14 CFR 11.43
  • 14 CFR 11.35
  • 5 USC 552
  • 1 CFR 51
  • 14 CFR 91.403(c)
  • 5 USC 551
  • 5 USC 553(b)(3)(B)
  • 5 USC 553(d)
  • 5 USC 553
  • EO 13132
  • EO 12866
  • 49 USC 106(g)
  • 14 CFR 39.19
  • 5 USC 552(a)
Citation graph
cites case law
Unknown
Final rule; request for comments
Cite14 CFR 39
Cite14 CFR 11.43
Cite14 CFR 11.35
Cite5 USC 552
Cite1 CFR 51
Cites 15 · showing 5Cited by 0 across 0 sources
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