12294 Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Proposed Rules 

during trade negotiations. Minimal 

program participation can lead trading 

partners to question APHIS’ ability to 

certify exported products as trichinaefree, even though certification is not a 

requirement for U.S. pork exportation. 

Preserving APHIS’ credibility is 

crucial in supporting the U.S. pork 

industry and its exports, which have 

increased substantially in recent years. 

Since 2007, U.S. pork exports have more 

than doubled in value (110 percent 

increase) and in quantity (109 percent 

increase). 

The Small Business Administration 

(SBA) small business size standard for 

hog and pig farming is annual revenue 

of not more than $1 million. According 

to the 2017 Agricultural Census, 64,871 

hog and pig farms sold over 235 million 

hogs and pigs with total sales of $26.3 

billion in 2017. Average annual sales 

per farm was 3,267 head valued at 

$404,907, well below the SBA smallentity standard. 

When the census data are divided into 

two categories—the largest producers, 

with 5,000 or more hogs and pigs sold, 

and the remaining farms—the 

prevalence of small-scale producers 

becomes clear. Farms with fewer than 

5,000 hogs and pigs sold accounted for 

57,084 farms (88 percent of the total). 

However, the number and value of hogs 

and pigs sold by these farms, 15,157,702 

head valued at $2.4 billion, represent 

only 6 percent and 9 percent, 

respectively, of total sales. The average 

number and value of hogs and pigs sold 

per farm in 2017 by these smaller farms 

was 266 head valued at $42,078. 

Clearly, hog and pig farms are 

predominantly small. 

Because the Voluntary Trichinae 

Certification Program did not progress 

beyond the pilot stage, the participating 

producers have not borne program costs. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 2 CFR 

chapter IV.) 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this proposed rule is 

adopted: (1) State and local laws and 

regulations will not be preempted; (2) 

no retroactive effect will be given to this 

rule; and (3) administrative proceedings 

will not be required before parties may 

file suit in court challenging this rule. 

Paperwork Reduction Act 

This proposed rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) and will reduce those currently 

approved by the Office of Management 

and Budget under control number 0579– 

0323. 

List of Subjects in 9 CFR Part 149 

Animal diseases, Laboratories, Meat 

and meat products, Meat inspection, 

Reporting and recordkeeping 

requirements, Swine. 

Accordingly, for the reasons stated in 

the preamble, and under the authority of 

7 U.S.C. 8301 et seq., the Animal and 

Plant Health Inspection Service is 

proposing to amend 9 CFR chapter I by 

removing part 149. 

Done in Washington, DC, this 18th day of 

February, 2021. 

Michael Watson, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2021–03772 Filed 3–2–21; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0126; Project 

Identifier MCAI–2020–00266–R] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters Deutschland GmbH (AHD) 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

Airbus Helicopters Deutschland GmbH 

(AHD) Model MBB–BK 117 D–2 

helicopters. This proposed AD was 

prompted by a report of a broken 

Titanium (Ti) bolt. This proposed AD 

would require removing certain Ti-bolts 

from service and prohibit installing 

these Ti-bolts in a critical area. 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 April 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– 

0001. 

• Hand Delivery: Deliver to Mail 

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

Monday through Friday, except Federal 

holidays. 

For service information identified in 

this NPRM, contact Airbus Helicopters, 

2701 N Forum Drive, Grand Prairie, TX 

75052; telephone (972) 641–0000 or 

(800) 232–0323; fax (972) 641–3775; or 

at https://www.airbus.com/helicopters/ 

services/technical-support.html. You 

may view the referenced service 

information 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. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0126; 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, the European Union Aviation 

Safety Agency (EASA) AD, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: Matt 

Fuller, AD Program Manager, General 

Aviation & Rotorcraft Unit, 

Airworthiness Products Section, 

Operational Safety Branch, FAA, 10101 

Hillwood Pkwy., Fort Worth, TX 76177; 

telephone (817) 222–5110; email 

matthew.fuller@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 ADDRESSES. Include ‘‘Docket No. 

FAA–2021–0126; Project Identifier 

MCAI–2020–00266–R’’ 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 


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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Proposed Rules 12295 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this 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 NPRM. 

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 Matt Fuller, AD 

Program Manager, General Aviation & 

Rotorcraft Unit, Airworthiness Products 

Section, Operational Safety Branch, 

FAA, 10101 Hillwood Pkwy., Fort 

Worth, TX 76177; telephone (817) 222– 

5110; email matthew.fuller@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 No. 2019– 

0258, dated October 18, 2019, to correct 

an unsafe condition for Airbus 

Helicopters Deutschland GmbH (AHD), 

formerly Eurocopter Deutschland 

GmbH, Model MBB–BK117 D–2 

helicopters. EASA advises of a report of 

a broken Ti-bolt. Subsequent 

investigation revealed that an improper 

heat treatment process was 

accomplished on a batch of Ti-bolts, 

which can lead to hydrogen 

embrittlement. Hydrogen embrittlement 

can make high-strength bolts susceptible 

to stress corrosion, pitting, and failure. 

EASA states that this condition, if not 

detected and corrected, could lead to 

failure of an affected Ti-bolt installed in 

a critical location, possibly resulting in 

reduced control of the helicopter. 

Accordingly, the EASA AD requires a 

one-time inspection for Ti-bolt part 

number (P/N) EN3740–060022F marked 

with manufacturer monogram ‘‘D’’ or 

with an illegible manufacturer 

monogram installed on the aft 

connection of the tail rotor ball bearing 

control (ball bearing control) and, 

depending on findings, contacting AHD 

for corrective action. The EASA AD also 

prohibits the (re)installation of these Tibolts. 

FAA’s Determination 

These helicopters have been approved 

by EASA and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the 

European Union, EASA has notified the 

FAA about the unsafe condition 

described in its AD. The FAA is 

proposing this AD after evaluating all 

known relevant information and 

determining that an unsafe condition is 

likely to exist or develop on other 

helicopters of the same type design. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Airbus Helicopters 

Alert Service Bulletin (ASB) No. ASB 

MBB–BK117 D–2–00A–001, Revision 1, 

dated October 16, 2019 (ASB MBB– 

BK117 D–2–00A–001 Rev 1), which 

specifies replacing each Ti-bolt P/N 

EN3740–060022F that is marked with 

manufacturer monogram ‘‘D’’ or if the 

manufacturer monogram cannot be 

identified with an airworthy Ti-bolt in 

both locations of the aft connection of 

ball bearing control and both HF 

antenna bracket locations. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

Proposed AD Requirements 

This proposed AD would require 

removing any Ti-bolt P/N EN3740– 

060022F marked with manufacturer 

monogram ‘‘D’’ or with an illegible 

manufacturer monogram installed on 

the aft connection of the ball bearing 

control from service. This proposed AD 

would also prohibit installing an 

affected Ti-bolt on the aft connection of 

the ball bearing control of any 

helicopter. 

Differences Between This Proposed AD 

and the EASA AD 

The EASA AD applies to Model 

MBB–BK117 D–2 helicopters and 

requires inspecting for Ti-bolt P/N 

EN3740–060022F marked with 

manufacturer monogram ‘‘D’’ or with an 

illegible manufacturer monogram 

installed on the aft connection of the 

ball bearing control. This proposed AD 

applies to Model MBB–BK 117 D–2 

helicopters with a Ti-bolt P/N EN3740– 

060022F marked with manufacturer 

monogram ‘‘D’’ or with an illegible 

manufacturer monogram installed on 

the aft connection of the ball bearing 

control instead. The EASA AD requires 

contacting AHD for approved 

instructions if an affected Ti-bolt is 

found, whereas this proposed AD would 

require removing an affected Ti-bolt 

from service instead. 

Costs of Compliance 

The FAA estimates that this AD if 

adopted as proposed, would affect 29 

helicopters of U.S. Registry. Labor rates 

are estimated at $85 per work-hour. 

Based on these numbers, the FAA 

estimates that operators may incur the 

following costs in order to comply with 

this proposed AD. 

Replacing a Ti-bolt would take about 

2 work-hours and parts would cost 

about $100 for an estimated cost of $270 

per Ti-bolt. 

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. 


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12296 Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Proposed Rules 

For the reasons discussed, I certify 

this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 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 Deutschland GmbH 

(AHD): Docket No. FAA–2021–0126; 

Project Identifier MCAI–2020–00266–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by April 19, 

2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This airworthiness directive (AD) applies 

to Airbus Helicopters Deutschland GmbH 

(AHD) Model MBB–BK 117 D–2 helicopters, 

certificated in any category, with a Titanium 

(Ti) bolt part number EN3740–060022F 

marked with manufacturer monogram ‘‘D’’ or 

with an illegible manufacturer monogram, 

installed on the aft connection of the tail 

rotor ball bearing control. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Codes: 1430, Fasteners; and 6720, Tail Rotor 

Control System. 

(e) Unsafe Condition 

This AD defines the unsafe condition as a 

Ti-bolt with hydrogen embrittlement. This 

condition could result in failure of the tail 

rotor ball bearing control Ti-bolt and 

subsequent loss of tail rotor control. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) Within 50 hours time-in-service or 3 

months, whichever occurs first, remove any 

Ti-bolt identified in paragraph (c) of this AD, 

located on the aft connection of the tail rotor 

ball bearing rod end (item 5) and at the input 

lever (item 2) as shown in Figure 1 to Airbus 

Helicopters Alert Service Bulletin (ASB) No. 

ASB MBB–BK117 D–2–00A–001, Revision 1, 

dated October 16, 2019, from service. 

(2) As of the effective date of this AD, do 

not install a Ti-bolt identified in paragraph 

(c) of this AD on the aft connection of the tail 

rotor ball bearing control of any helicopter. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Strategic Policy 

Rotorcraft Section, 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 local 

Flight Standards District 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 (i)(1) of this AD. 

Information may be emailed to: 9-ASW-FTWAMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(i) Related Information 

(1) For more information about this AD, 

contact Matt Fuller, AD Program Manager, 

General Aviation & Rotorcraft Unit, 

Airworthiness Products Section, Operational 

Safety Branch, FAA, 10101 Hillwood Pkwy., 

Fort Worth, TX 76177; telephone (817) 222– 

5110; email matthew.fuller@faa.gov. 

(2) For service information identified in 

this AD, contact Airbus Helicopters, 2701 N. 

Forum Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232–0323; 

fax (972) 641–3775; or at https://

www.airbus.com/helicopters/services/ 

technical-support.html. You may view the 

referenced service information 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. 

(3) The subject of this AD is addressed in 

European Union Aviation Safety Agency 

(EASA) AD No. 2019–0258, dated October 

18, 2019. You may view the EASA AD on the 

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

AD Docket. 

Issued on February 22, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives 

Compliance & Airworthiness Directive, 

Aircraft Certification Service. 

[FR Doc. 2021–03955 Filed 3–2–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–476] 

Schedules of Controlled Substances: 

Placement of 10 Specific FentanylRelated Substances in Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Drug Enforcement 

Administration proposes placing N-(1- 

(2-fluorophenethyl)piperidin-4-yl)-N-(2- 

fluorophenyl)propionamide (2′-fluoro 

ortho-fluorofentanyl), N-(1-(4- 

methylphenethyl)piperidin-4-yl)-Nphenylacetamide (4′-methyl acetyl 

fentanyl), N-(1-phenethylpiperidin-4- 

yl)-N,3-diphenylpropanamide (b′- 

phenyl fentanyl; 3-phenylpropanoyl 

fentanyl), N-phenyl-N-(1-(2- 

phenylpropyl)piperidin-4- 

yl)propionamide (b-methyl fentanyl), N- 

(2-fluorophenyl)-N-(1- 

phenethylpiperidin-4-yl)butyramide 

(ortho-fluorobutyryl fentanyl; 2- 

fluorobutyryl fentanyl), N-(2- 

methylphenyl)-N-(1- 

phenethylpiperidin-4-yl)acetamide 

(ortho-methyl acetylfentanyl; 2-methyl 

acetylfentanyl), 2-methoxy-N-(2- 

methylphenyl)-N-(1- 

phenethylpiperidin-4-yl)acetamide 

(ortho-methyl methoxyacetylfentanyl), 

N-(4-methylphenyl)-N-(1- 

phenethylpiperidin-4-yl)propionamide 

(para-methylfentanyl; 4- 

methylfentanyl), N-(1- 

phenethylpiperidin-4-yl)-Nphenylbenzamide (phenyl fentanyl; 

benzoyl fentanyl), N-(1- 

phenethylpiperidin-4-yl)-Nphenylthiophene-2-carboxamide 

(thiofuranyl fentanyl), including their 

isomers, esters, ethers, salts, and salts of 

isomers, esters, and ethers, in schedule 

I of the Controlled Substances Act. 

These ten specific substances fall within 

the definition of fentanyl-related 

substances set forth in the February 6, 

2018, temporary scheduling order. 

Through the Temporary Reauthorization 

and Study of the Emergency Scheduling 

of Fentanyl Analogues Act, which 

became law on February 6, 2020, 

Congress extended the temporary 

control of fentanyl-related substances 

until May 6, 2021. If finalized, this 

action would make permanent the 

existing regulatory controls and 

administrative, civil, and criminal 

sanctions applicable to schedule I 

controlled substances on persons who 

handle (manufacture, distribute, reverse 


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