Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Proposed Rules 78279 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

4 work-hours × $85 per hour = $340 .......................................................................................... $6,795 $7,135 $107,025 

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 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 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: 

Airbus Helicopters: Docket No. FAA–2020– 

1107; Project Identifier 2019–SW–049– 

AD. 

(a) Comments Due Date 

The FAA must receive comments by 

January 19, 2021. 

(b) Affected Airworthiness Directives (ADs) 

None. 

(c) Applicability 

This AD applies to all Airbus Helicopters 

Model SA330J helicopters, certificated in any 

category. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 6320, Main rotor gearbox. 

(e) Reason 

This AD was prompted by a report of 

failure of a second stage planet gear of the 

main gear box (MGB). The FAA is issuing 

this AD to address failure of a second stage 

planet gear of the MGB, which could lead to 

loss of control of the helicopter. 

(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 2019–0108, dated 

May 17, 2019 (EASA AD 2019–0108). 

(h) Exceptions to EASA AD 2019–0108 

(1) Where EASA AD 2019–0108 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The ‘‘Remarks’’ section of EASA AD 

2019–0108 does not apply to this AD. 

(3) Where EASA AD 2019–0108 refers to 

flight hours (FH), this AD requires using 

hours time-in-service. 

(4) Although the service information 

referenced in EASA 2019–0108 specifies to 

discard certain parts, this AD does not 

include that requirement. 

(i) Special Flight Permit 

Special flight permits may be issued in 

accordance with 14 CFR 21.197 and 21.199 

to operate the helicopter to a location where 

the helicopter can be modified (if the 

operator elects to do so), provided that no 

passengers are onboard. 

(j) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Rotorcraft Standards Branch, 

FAA, may approve AMOCs for this AD. Send 

your proposal to: Manager, Rotorcraft 

Standards Branch, FAA, 10101 Hillwood 

Pkwy., Fort Worth, TX 76177; phone: 817– 

222–5110; email: 9-ASW-FTW-AMOCRequests@faa.gov. 

(k) Related Information 

(1) For EASA AD 2019–0108, contact the 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; phone: +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. You may view this 

material at the FAA, Office of the Regional 

Counsel, Southwest Region, 10101 Hillwood 

Pkwy, Room 6N–321, Fort Worth, TX 76177. 

For information on the availability of this 

material at the FAA, call 817–222–5110. This 

material may be found in the AD docket on 

the internet at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2020–1107. 

(2) For more information about this AD, 

contact Mahmood G. Shah, Aviation Safety 

Engineer, Fort Worth ACO Branch, FAA, 

10101 Hillwood Pkwy., Fort Worth, TX 

76177; phone: 817–222–5538; email: 

mahmood.g.shah@faa.gov. 

Issued on November 30, 2020. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2020–26672 Filed 12–3–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1106; Project 

Identifier MCAI–2020–01065–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

78280 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Proposed Rules 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Airbus SAS Model A350–941 

and A350–1041 airplanes. This 

proposed AD was prompted by reports 

that suitable corrosion protection 

treatment had not been applied to 

certain areas of the seat track. This 

proposed AD would require a one-time 

detailed inspection of the seat tracks 

between certain frames for suitable 

corrosion protection or presence of 

corrosion, and on-condition actions if 

necessary, as specified in a European 

Union Aviation Safety Agency (EASA) 

AD, which will be incorporated by 

reference. The FAA is proposing this 

AD to address the unsafe condition on 

these products. 

DATES: The FAA must receive comments 

on this proposed AD by January 19, 

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 the 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 on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

1106. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

1106; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this NPRM, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Arrigotti, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3218; email 

kathleen.arrigotti@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under the ADDRESSES section. Include 

‘‘Docket No. FAA–2020–1106; Project 

Identifier MCAI–2020–01065–T’’ at the 

beginning of your comments. The most 

helpful comments reference a specific 

portion of the proposal, explain the 

reason for any recommended change, 

and include supporting data. The FAA 

will consider all comments received by 

the closing date and may amend the 

proposal because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this proposed 

AD. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Kathleen Arrigotti, 

Aerospace Engineer, Large Aircraft 

Section, International Validation 

Branch, FAA, 2200 South 216th St., Des 

Moines, WA 98198; telephone and fax 

206–231–3218; email 

kathleen.arrigotti@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. 

Discussion 

The EASA, which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2020–0166, dated July 27, 2020 (EASA 

AD 2020–0166) (also referred to as the 

Mandatory Continuing Airworthiness 

Information, or the MCAI), to correct an 

unsafe condition for certain Airbus SAS 

Model A350–941 and A350–1041 

airplanes. 

This proposed AD was prompted by 

reports that suitable corrosion 

protection treatment had not been 

applied to certain areas of the seat track. 

The FAA is proposing this AD to 

address a potential structural deficiency 

at certain seat track locations, providing 

insufficient resistance to environmental 

damage. This condition, if not 

addressed, could lead to seat or 

monument detachment during an 

emergency landing, possibly resulting in 

injury to occupants and preventing safe 

evacuation from the airplane. See the 

MCAI for additional background 

information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2020–0166 describes 

procedures for a one-time detailed 

inspection of the seat tracks between 

certain frames for suitable corrosion 

protection or presence of corrosion, and 

on-condition actions if necessary. Oncondition actions include applying 

protection, removing corrosion, 

measuring the dimensions of the seat 

rails, and performing a splice repair. 

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 and Requirements 

of This Proposed AD 

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 and service 

information referenced above. The FAA 

is proposing this AD because the FAA 

Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Proposed Rules 78281 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2020–0166 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 initially worked with 

Airbus and EASA to develop a process 

to use certain EASA ADs as the primary 

source of information for compliance 

with requirements for corresponding 

FAA ADs. The FAA has since 

coordinated with other manufacturers 

and civil aviation authorities (CAAs) to 

use this process. As a result, EASA AD 

2020–0166 will be incorporated by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2020–0166 

in its entirety, through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

Using common terms that are the same 

as the heading of a particular section in 

the EASA AD 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 the EASA AD. Service 

information specified in EASA AD 

2020–0166 that is required for 

compliance with EASA AD 2020–0166 

will be available on the internet at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–1106 after the FAA final 

rule is published. 

Costs of Compliance 

The FAA estimates that this proposed 

AD affects 5 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

14 work-hours × $85 per hour = $1,190 ..................................................................................... $0 $1,190 $5,950 

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 

6 work-hours × $85 per hour = $510 ...................................................................................................................... $0 $510 

According to the manufacturer, some 

or all of the costs of this proposed AD 

may be covered under warranty, thereby 

reducing the cost impact on affected 

individuals. The FAA does not control 

warranty coverage for affected 

individuals. As a result, the FAA has 

included all known costs in the cost 

estimate. 

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 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 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 (AD): 

Airbus SAS: Docket No. FAA–2020–1106; 

Project Identifier MCAI–2020–01065–T. 

78282 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Proposed Rules 

(a) Comments Due Date 

The FAA must receive comments by 

January 19, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus SAS Model 

A350–941 and A350–1041 airplanes, 

certificated in any category, as identified in 

European Union Aviation Safety Agency 

(EASA) AD 2020–0166, dated July 27, 2020 

(EASA AD 2020–0166). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Reason 

This AD was prompted by reports that 

suitable corrosion protection treatment had 

not been applied to certain areas of the seat 

track. The FAA is issuing this AD to address 

a potential structural deficiency at certain 

seat track locations, providing insufficient 

resistance to environmental damage. This 

condition, if not addressed, could lead to seat 

or monument detachment during an 

emergency landing, possibly resulting in 

injury to occupants and preventing safe 

evacuation from 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, EASA AD 2020–0166. 

(h) Exceptions to EASA AD 2020–0166 

(1) Where EASA AD 2020–0166 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The ‘‘Remarks’’ section of EASA AD 

2020–0166 does not apply to this AD. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2020–0166 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)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-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). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(3) Required for Compliance (RC): For any 

service information referenced in EASA AD 

2020–0166 that contains RC procedures and 

tests: Except as required by paragraph (j)(2) 

of this AD, RC procedures and tests must be 

done to comply with this AD; any procedures 

or tests that are not identified as RC are 

recommended. Those procedures and tests 

that are 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 

procedures and tests identified as RC can be 

done and the airplane can be put back in an 

airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(k) Related Information 

(1) For information about EASA AD 2020– 

0166, contact the EASA, Konrad-AdenauerUfer 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. 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 on 

the internet at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2020–1106. 

(2) For more information about this AD, 

contact Kathleen Arrigotti, Aerospace 

Engineer, Large Aircraft Section, 

International Validation Branch, FAA, 2200 

South 216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3218; email 

kathleen.arrigotti@faa.gov. 

Issued on November 30, 2020. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2020–26684 Filed 12–3–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1306 

[Docket No. DEA–469] 

RIN 1117–AB45 

Partial Filling of Prescriptions for 

Schedule II Controlled Substances 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: On July 22, 2016, the 

Comprehensive Addiction and Recovery 

Act of 2016 became law. One provision 

of the Comprehensive Addiction and 

Recovery Act of 2016 amended the 

Controlled Substances Act to allow for 

the partial filling of prescriptions for 

schedule II controlled substances under 

certain conditions. The Drug 

Enforcement Administration is hereby 

proposing to amend its regulations to 

conform to this new statutory provision 

and to set forth the corresponding 

regulatory requirements. 

DATES: Electronic comments must be 

submitted, and written comments must 

be postmarked, on or before February 2, 

2021. Commenters should be aware that 

the electronic Federal Docket 

Management System will not accept 

comments after 11:59 p.m. Eastern Time 

on the last day of the comment period. 

All comments concerning collections 

of information under the Paperwork 

Reduction Act must be submitted to the 

Office of Management and Budget 

(OMB) on or before February 2, 2021. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–469’’ on all correspondence, 

including any attachments. 

DEA encourages that all comments be 

submitted through the Federal 

eRulemaking Portal, which provides the 

ability to type short comments directly 

into the comment field on the web page 

or to attach a file for lengthier 

comments. Please go to http://

www.regulations.gov and follow the 

online instructions to submit comments. 

Upon submission of your comment, you 

will receive a Comment Tracking 

Number. Please be aware that submitted 

comments are not instantaneously 

available for public view on 

Regulations.gov. If you have received a 

Comment Tracking Number, your 

comment has been successfully 

submitted, and there is no need to 

resubmit the same comment. Paper 

comments that duplicate an electronic 

submission are not necessary and are 

discouraged. Should you wish to mail a