28528 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations 

7 5 U.S.C. 551 et seq. 

8 5 U.S.C. 553(b)(3)(A). 

9 5 U.S.C. 553(d). 

10 5 U.S.C. 603 and 604. 11 44 U.S.C. 3506; see 5 CFR part 1320 Appendix 

A.1. 

indicates that the labor market has continued 

to strengthen and that economic activity has 

been rising at a solid rate. Job gains have 

been strong, on average, in recent months, 

and the unemployment rate has declined. 

Recent data suggest that growth of household 

spending has picked up, while business fixed 

investment has continued to grow strongly. 

On a 12-month basis, both overall inflation 

and inflation for items other than food and 

energy have moved close to 2 percent. 

Indicators of longer-term inflation 

expectations are little changed, on balance. 

Consistent with its statutory mandate, the 

Committee seeks to foster maximum 

employment and price stability. The 

Committee expects that further gradual 

increases in the target range for the federal 

funds rate will be consistent with sustained 

expansion of economic activity, strong labor 

market conditions, and inflation near the 

Committee’s symmetric 2 percent objective 

over the medium term. Risks to the economic 

outlook appear roughly balanced. 

In view of realized and expected labor 

market conditions and inflation, the 

Committee decided to raise the target range 

for the federal funds rate to 13⁄4 to 2 percent. 

The stance of monetary policy remains 

accommodative, thereby supporting strong 

labor market conditions and a sustained 

return to 2 percent inflation. 

A Federal Reserve Implementation note 

released simultaneously with the 

announcement stated that: 

The Board of Governors of the Federal 

Reserve System voted unanimously to raise 

the interest rate paid on required and excess 

reserve balances to 1.95 percent, effective 

June 14, 2018. Setting the interest rate paid 

on required and excess reserve balances 5 

basis points below the top of the target range 

for the federal funds rate is intended to foster 

trading in the federal funds market at rates 

well within the FOMC’s target range. 

As a result, the Board is amending 

§ 204.10(b)(5) of Regulation D to change 

IORR to 1.95 percent and IOER to 1.95 

percent. 

III. Administrative Procedure Act 

In general, the Administrative 

Procedure Act (‘‘APA’’) 7 imposes three 

principal requirements when an agency 

promulgates legislative rules (rules 

made pursuant to congressionally 

delegated authority): (1) Publication 

with adequate notice of a proposed rule; 

(2) followed by a meaningful 

opportunity for the public to comment 

on the rule’s content; and (3) 

publication of the final rule not less 

than 30 days before its effective date. 

The APA provides that notice and 

comment procedures do not apply if the 

agency for good cause finds them to be 

‘‘unnecessary, impracticable, or contrary 

to the public interest.’’ 8 Section 553(d) 

of the APA also provides that 

publication at least 30 days prior to a 

rule’s effective date is not required for 

(1) a substantive rule which grants or 

recognizes an exemption or relieves a 

restriction; (2) interpretive rules and 

statements of policy; or (3) a rule for 

which the agency finds good cause for 

shortened notice and publishes its 

reasoning with the rule.9

The Board has determined that good 

cause exists for finding that the notice, 

public comment, and delayed effective 

date provisions of the APA are 

unnecessary, impracticable, or contrary 

to the public interest with respect to 

these final amendments to Regulation D. 

The rate increases for IORR and IOER 

that are reflected in the final 

amendments to Regulation D were made 

with a view towards accommodating 

commerce and business and with regard 

to their bearing upon the general credit 

situation of the country. Notice and 

public comment would prevent the 

Board’s action from being effective as 

promptly as necessary in the public 

interest and would not otherwise serve 

any useful purpose. Notice, public 

comment, and a delayed effective date 

would create uncertainty about the 

finality and effectiveness of the Board’s 

action and undermine the effectiveness 

of that action. Accordingly, the Board 

has determined that good cause exists to 

dispense with the notice, public 

comment, and delayed effective date 

procedures of the APA with respect to 

these final amendments to Regulation D. 

IV. Regulatory Flexibility Analysis 

The Regulatory Flexibility Act 

(‘‘RFA’’) does not apply to a rulemaking 

where a general notice of proposed 

rulemaking is not required.10 As noted 

previously, the Board has determined 

that it is unnecessary and contrary to 

the public interest to publish a general 

notice of proposed rulemaking for this 

final rule. Accordingly, the RFA’s 

requirements relating to an initial and 

final regulatory flexibility analysis do 

not apply. 

V. Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act (‘‘PRA’’) of 1995,11 the 

Board reviewed the final rule under the 

authority delegated to the Board by the 

Office of Management and Budget. The 

final rule contains no requirements 

subject to the PRA. 

List of Subjects in 12 CFR Part 204 

Banks, Banking, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, the Board amends 12 CFR 

part 204 as follows: 

PART 204—RESERVE 

REQUIREMENTS OF DEPOSITORY 

INSTITUTIONS (REGULATION D) 

■ 1. The authority citation for part 204 

continues to read as follows: 

Authority: 12 U.S.C. 248(a), 248(c), 371a, 

461, 601, 611, and 3105. 

■ 2. Section 204.10 is amended by 

revising paragraph (b)(5) to read as 

follows: 

§ 204.10 Payment of interest on balances. 

* * * * * 

(b) * * * 

(5) The rates for IORR and IOER are: 

Rate 

(percent) 

IORR ......................................... 1.95 

IOER ......................................... 1.95 

* * * * * 

By order of the Board of Governors of the 

Federal Reserve System, June 15, 2018. 

Ann Misback, 

Secretary of the Board. 

[FR Doc. 2018–13267 Filed 6–19–18; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 11, 404, 405, 420, 431, 

435, 437, 460 

[Docket No.: FAA–2016–6761; Amdt. Nos. 

11–62, 404–6, 405–6, 420–8, 431–6, 435–4, 

437–2, 460–2] 

RIN 2120–AK76 

Updates to Rulemaking and Waiver 

Procedures and Expansion of the 

Equivalent Level of Safety Option 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action streamlines and 

improves commercial space 

transportation regulations’ general 

rulemaking and petition procedures to 

better reflect current practice; 

reorganizes the regulations for clarity 

and flow; and allows petitioners to file 

their petitions to the FAA’s Office of 

Commercial Space Transportation 

electronically. Further, it expands the 

option to satisfy commercial space 

transportation requirements by 

demonstrating an equivalent level of 


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safety to the regulatory requirements. 

These changes are necessary to ensure 

that the regulations regarding petitions 

are clear and current, and that the 

commercial space launch industry is 

more easily able to request approvals of 

safe alternative means of regulatory 

compliance. 

DATES: Effective August 20, 2018. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

final rule, see ‘‘How To Obtain 

Additional Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this action, 

contact Joshua Easterson, AST–300, 

Office of Commercial Space 

Transportation, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone (202) 267–5150; email 

Joshua.Easterson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The Commercial Space Launch Act of 

1984, as amended and re-codified at 51 

U.S.C. 50901–50923 (the Act), 

authorizes the Department of 

Transportation and thus the FAA, 

through delegations, to oversee, license, 

and regulate commercial launch and 

reentry activities, and the operation of 

launch and reentry sites as carried out 

by U.S. citizens or within the United 

States. 51 U.S.C. 50904, 50905. The Act 

directs the FAA to exercise this 

responsibility consistent with public 

health and safety, safety of property, 

and the national security and foreign 

policy interests of the United States. 51 

U.S.C. 50905. The Act directs the FAA 

to regulate only to the extent necessary 

to protect the public health and safety, 

safety of property, and national security 

and foreign policy interests of the 

United States. 51 U.S.C. 50901(a)(7). 

The FAA is also responsible for 

encouraging, facilitating, and promoting 

commercial space launches by the 

private sector. 51 U.S.C. 50903. 

I. Overview of Final Rule 

The FAA is adopting this final rule to: 

Streamline the general rulemaking and 

petition procedures in part 404; clarify 

how the general rulemaking and 

petition procedures in part 11 relate to 

those in part 404, and ensure the 

procedures reflect current practice; 

reorganize part 404 to make clear the 

distinct requirements for petitions for 

waivers and petitions for rulemaking; 

amend the title of part 405 to better 

reflect the content; and expand the 

equivalent level of safety option so that 

it applies more broadly throughout 14 

CFR chapter III. In addition, this final 

rule is adopting minor changes to part 

11. 

This final rule reorganizes part 404 to 

clarify and streamline the requirements. 

The reorganization moves the 

requirements for petitions for waivers 

and petitions for rulemaking into 

separate sections but does not 

substantially change the requirements. 

Instead, some requirements, as 

discussed below, were revised for 

clarity, to remove duplicate information 

and to ensure current practice is 

reflected. The reorganization of part 404 

as adopted is shown in the below table. 


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In addition to reorganizing part 404, 

this final rule: 

• Adds a cross reference in § 11.15 to 

part 404’s commercial space 

transportation waivers; 

• Includes in § 11.63 the correct 

internet link where petitioners can find 

additional information on filing their 

petitions; 

• Amends § 404.1 to state that the 

scope of part 404 ‘‘establishes 

procedures for issuing regulations and 

for filing a petition for waiver or 

petition for rulemaking to the Associate 

Administrator for Commercial Space 

Transportation;’’ 

• Revises § 404.3 such that petitioners 

need only file one copy of their petition 

to the Office of Commercial Space 

Transportation (AST) by mailing it to 

AST’s physical address or emailing it to 

the AST email address provided in 

§ 404.3; 

• Removes the requirement in § 404.3 

that a petition for rulemaking contain a 

summary that the FAA may cause to be 

published in the Federal Register; 

• Amends § 404.5 to require that the 

petition must reference the specific 

section or sections of 14 CFR chapter III 

from which relief is sought; 

• Amends § 404.5 to require that the 

petition must state the reasons why 

granting the request for relief is in the 

public interest and will not jeopardize 

the public health and safety, safety of 

property, and national security and 

foreign policy interests of the United 

States; 

• Amends § 404.7 to state that under 

51 U.S.C. 50905(b)(3), the FAA is not 

authorized to grant a waiver that would 

permit the launch or reentry of a launch 

vehicle or reentry vehicle without a 

license or permit if a human being 

would be on board; 

• Removes information in §§ 404.9, 

404.11, and 404.13 regarding filing 

petitions for rulemaking, the FAA’s 

action on petitions for rulemaking, and 

the agency’s general rulemaking process 

that duplicates part 11 and, instead, 

cross references relevant sections of part 

11 in §§ 404.9, 404.11, and 404.13, 

respectively; 

• Changes the current title of part 

405, ‘‘Investigations and Enforcement,’’ 

to ‘‘Compliance and Enforcement,’’ to 

better reflect the content; 

• Expands the equivalent level of 

safety option to each requirement of 

parts 420 (License To Operate A Launch 

Site), 431 (Launch And Reentry Of A 

Reusable Launch Vehicle), 435 (Reentry 

Of A Reentry Vehicle Other Than A 

Reusable Launch Vehicle), and 437 

(Experimental Permits); and, 

• Expands the equivalent level of 

safety option to § 460.5(d) as a means of 

compliance with pilot qualification 

requirements. 

This final rule will result in 

nonquantified benefits for the 

commercial space transportation 

industry, the interested public, and the 

government by streamlining and 

improving commercial space 

transportation regulations’ general 

rulemaking and petition procedures and 

allowing petitioners to file their 

petitions to the FAA’s Office of 

Commercial Space Transportation 

electronically. In addition, this rule 


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expands the option to satisfy 

commercial space transportation 

requirements by demonstrating an 

equivalent level of safety, thereby 

providing more choice to operators and 

reducing the number of waivers that 

must be prepared by the industry and 

processed by the government. 

II. Background 

On June 1, 2016, the FAA published 

a notice of proposed rulemaking 

(NPRM) (81 FR 34919) proposing to 

amend 14 CFR chapter III to modify and 

streamline the FAA’s commercial space 

transportation regulations regarding 

general rulemaking and petition 

procedures; expand the equivalent level 

of safety option to provide the 

commercial space transportation 

industry with alternative means of 

satisfying chapter III requirements; and, 

make a minor change to revise a part 

title. 

The Office of Commercial Space 

Transportation (AST) was established 

under the Commercial Space Launch 

Act of 1984 (the Act) as part of the 

Department of Transportation. In 1988, 

pursuant to the Act, rulemaking and 

petition procedures specific to 

commercial space operations were 

codified in 14 CFR, chapter III, part 404. 

In November 1995, AST was transferred 

to the FAA, becoming the agency’s only 

space-related line of business. Whereas 

AST’s rulemaking and petition 

requirements reside in part 404, the 

FAA’s rulemaking and petition 

procedures are codified in part 11. The 

two sets of procedures are mostly 

duplicative and at times confusing as to 

applicability. Therefore, the FAA issued 

the June 2016 NPRM to propose to 

reorganize, streamline, and modify the 

part 404 requirements. This final rule 

adopts the proposed changes to part 404 

without change. 

An equivalent level of safety 

provision allows an applicant to 

propose an alternative method to meet 

the safety intent of a current regulatory 

requirement, by providing a clear and 

convincing demonstration through 

technical rationale that the proposed 

alternative approach provides a level of 

safety equivalent to the requirement it 

would replace. An equivalent level of 

safety means an approximately equal 

level of safety as determined by 

qualitative or quantitative means. Prior 

to this rulemaking, the option to satisfy 

a commercial space transportation 

regulation by demonstrating an 

equivalent level of safety was limited to 

the launch license provisions for 

expendable launch vehicles in parts 415 

and 417, and to some specific sections 

of other parts in chapter III including 

sections of the launch site location 

review and explosive siting 

requirements to obtain a license to 

operate a launch site in part 420, 

collision avoidance distances for 

experimental permits in part 437, the 

requirement that a remote operator 

possess an FAA pilot certificate with an 

instrument rating in the Human Space 

Flight Requirements in part 460, and 

environmental controls and life support 

system requirements also in part 460. 

This restricted the FAA’s flexibility in 

approving launch and reentry related 

activities, where the operator can 

convincingly demonstrate in an 

application that an alternative approach 

to the requirements of chapter III 

provides an equivalent level of safety. 

While applicants are still able to 

petition for waiver of any regulatory 

requirement, the June 2016 NPRM 

proposed to expand the equivalent level 

of safety option so that it applies more 

broadly to all requirements in parts 420, 

431, 435, and 437 in chapter III. The 

waiver process can sometimes be more 

time-consuming than pursuing an 

equivalent level of safety determination. 

The NPRM also proposed clarifying that 

the equivalent level of safety provision 

for FAA pilot certificates applicable to 

remote operators in part 460 should also 

be applicable to all pilots under part 

460. 

Expanding the equivalent level of 

safety option is expected to reduce 

paperwork burdens without negatively 

impacting safety. To utilize the option 

applicants must demonstrate that they 

are achieving a level of safety equivalent 

to any safety parameters specified in the 

regulations. The FAA will evaluate 

every request for an alternative means of 

regulatory compliance under the 

equivalent level of safety provisions to 

ensure that the safety of the public, 

property, or any national security or 

foreign policy interest of the United 

States is maintained to be consistent 

with the requirements in chapter III of 

Title 14 of the Code of Federal 

Regulations. 

This final rule adopts the proposed 

expansion of the equivalent level of 

safety option without change. In 

addition to previously available 

opportunities to pursue an equivalent 

level of safety, applicants will now have 

the option to pursue an equivalent level 

of safety option for each requirement of 

parts 420 (License To Operate A Launch 

Site), 431 (Launch And Reentry Of A 

Reusable Launch Vehicle), 435 (Reentry 

Of A Reentry Vehicle Other Than A 

Reusable Launch Vehicle), and 437 

(Experimental Permits). The equivalent 

level of safety determination by the FAA 

will be included as part of any license 

or permit issued applying this 

provision. 

The title of part 405 was 

‘‘Investigations and Enforcement.’’ 

However, part 405 does not relate to 

investigations. To avoid confusion, the 

FAA proposed to revise the title of part 

405 to a title more descriptive of its 

contents, namely, ‘‘Compliance and 

Enforcement.’’ This final rule adopts the 

change as proposed. 

In addition to the proposed changes to 

chapter III, the June 2016 NPRM 

proposed minor changes to part 11 of 

chapter I to add a cross reference to part 

404’s commercial space transportation 

waivers; make minor editorial changes 

and clarify that formal standing 

advisory committees comply with the 

Federal Advisory Committee Act 

(FACA); and, include the correct 

internet link to information relevant to 

filing petitions. This final rule adopts 

the proposed changes, except for minor 

clarifications discussed under the 

‘‘Discussion of Public Comments’’ 

section of this preamble. 

III. Discussion of Public Comments 

The FAA received comments from 

two entities, the Aeronautical Repair 

Station Association (ARSA) and Space 

Exploration Technologies Corporation 

(SpaceX). In general, the commenters 

supported the proposed amendments, 

with SpaceX fully supporting the rule. 

ARSA suggested minor changes to the 

proposed regulatory text. After carefully 

considering ARSA’s comments, the FAA 

generally adopts the provisions as 

proposed, but makes the two minor 

changes discussed below. 

ARSA recommended that the Web 

address referenced in proposed § 11.63 

(http://www.faa.gov/regulations_

policies/) be changed to one less likely 

to change over time. The FAA agrees 

and in the final rule changed the Web 

address to http://www.faa.gov, which is 

a top-level Web domain that is not 

likely to change. The FAA also added 

language stating that the user should 

then navigate to the ‘‘Rulemaking’’ 

home page. 

ARSA further recommended that the 

FAA not cite specific examples (i.e., the 

Aviation Rulemaking Advisory 

Committee (ARAC) and the Commercial 

Space Transportation Advisory 

Committee (COMSTAC)) of standing 

advisory committees in proposed 

§ 11.27, as doing so might be interpreted 

as excluding or limiting other types of 

committees from which the FAA 

receives rulemaking recommendations. 

ARSA argued that when another 

advisory committee is created, 

rulemaking would again be necessary. 


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The FAA carefully considered 

ARSA’s suggested change, and 

determined that the language 

unambiguously conveys that the FAA 

may convene a variety of advisory 

committees of which ARAC and 

COMSTAC are examples. Indeed, the 

existing regulation already contains a 

reference to ARAC, which has not 

caused confusion or required the FAA 

to amend § 11.27 when additional types 

of advisory committees are used to 

obtain rulemaking recommendations. 

That being said, the FAA has opted to 

remove the proposed change. As such, 

the existing language in § 11.27 will 

remain unchanged. 

IV. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 

Executive Order 13563 direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, the Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this rule. 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it to be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this final rule. The reasoning for this 

determination follows. 

This rule will streamline and improve 

commercial space transportation 

regulations’ general rulemaking and 

petition procedures. It will do this by 

updating the rule language to reflect 

current practice; reorganizing it for 

clarity and flow; and allowing 

petitioners to file their petitions to the 

FAA’s Office of Commercial Space 

Transportation electronically. In 

addition, this rule will expand the 

option to satisfy commercial space 

transportation requirements by 

demonstrating an equivalent level of 

safety. These changes are necessary to 

ensure the regulations are current, 

accurate, and not unnecessarily 

burdensome. 

As this rule will streamline and 

clarify FAA rulemaking procedures, 

codify current practice and expand 

options to demonstrate an equivalent 

level of safety possibly leading to fewer 

waiver requests, the expected outcome 

will have only a minor cost savings 

impact. Therefore, the FAA concludes 

this final rule will result in minimal 

costs and a regulatory evaluation was 

not prepared. This conclusion is further 

bolstered by the fact that the FAA 

received no comments on this minimal 

cost determination. 

FAA has, therefore, determined that 

this final rule is not a ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866, and is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures. 

B. Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

This final rule is expected to have an 

effect on States, local governments, large 

entities such as Boeing and a significant 

number of small entities such as Scaled 

Composites, LLC, Masten Space 

Systems, XCOR Aerospace, Escape 

Dynamics, and Space Information 

Laboratories. 

As this rule will streamline and 

clarify FAA rulemaking procedures, 

codify current practice and expand 

options to demonstrate an equivalent 

level of safety, the expected outcome 

will have only minor cost savings 

impact on any small entity affected by 

this rulemaking action. Therefore, the 

FAA concludes the rule will have only 

a minimal economic cost. This 

conclusion is further bolstered by the 

fact that the FAA received no comments 

on this minimal cost determination. 

If an agency determines that a 

rulemaking will not result in a 

significant economic impact on a 

substantial number of small entities, the 

head of the agency may so certify under 

section 605(b) of the RFA. Therefore, as 

provided in section 605(b), the head of 

the FAA certifies that this rulemaking 

will not result in a significant economic 

impact on a substantial number of small 

entities. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this rule and 

determined that it would impose the 


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same costs on domestic and 

international entities and thus has a 

neutral trade impact. 

D. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of $155 

million in lieu of $100 million. 

This rule does not contain such a 

mandate; therefore, the requirements of 

Title II of the Unfunded Mandates 

Reform Act do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. The 

FAA has determined that there is no 

new requirement for information 

collection associated with this final 

rule. 

F. International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has determined that there are no ICAO 

Standards and Recommended Practices 

that correspond to these regulations. 

G. Environmental Analysis 

FAA Order 1050.1F identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 5–6.6 and involves no 

extraordinary circumstances. 

V. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. The 

agency determined that this action will 

not have a substantial direct effect on 

the States, or the relationship between 

the Federal Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have Federalism implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). The 

agency has determined that it is not a 

‘‘significant energy action’’ under the 

executive order and it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

C. Executive Order 13771, Reducing 

Regulation and Controlling Regulatory 

Costs 

This final rule is considered an E.O. 

13771 deregulatory action. The FAA 

expects minor cost savings that cannot 

be quantified. The rule streamlines and 

improves commercial space 

transportation regulations’ general 

rulemaking and petition procedures. 

These changes should make it easier to 

read and understand the regulations, 

and lead to minimal cost savings that 

are not quantifiable. The rule also 

allows petitioners to file their petitions 

to the FAA’s Office of Commercial 

Space Transportation electronically. 

This could save minimal costs over 

mailing petitions. Finally, the rule 

expands the options to demonstrate an 

equivalent level of safety. This would 

also reduce the number of waivers that 

have to be approved. These cost savings 

are expected to be minimal and not 

quantifiable, as we don’t know the effect 

of having acceptance of the equivalent 

level of safety approach earlier in the 

process than the alternative of 

requesting a waiver later in the process. 

We also don’t know how often a 

petitioner will choose to demonstrate an 

alternative level of safety as opposed to 

requesting a waiver. 

VI. How To Obtain Additional 

Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document may be obtained by using the 

internet— 

1. Search the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visit the FAA’s Regulations and 

Policies web page at http://

www.faa.gov/regulations_policies/ or 

3. Access the Government Printing 

Office’s web page at http://

www.gpo.gov/fdsys/. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue SW, 

Washington, DC 20591, or by calling 

(202) 267–9680. 

B. Comments Submitted to the Docket 

Comments received may be viewed by 

going to http://www.regulations.gov and 

following the online instructions to 

search the docket number for this 

action. Anyone is able to search the 

electronic form of all comments 

received into any of the FAA’s dockets 

by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

C. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the internet, visit http://

www.faa.gov/regulations_policies/ 

rulemaking/sbre_act/. 

List of Subjects 

14 CFR Part 11 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

14 CFR Part 404 

Administrative practice and 

procedure, Space transportation and 

exploration. 

14 CFR Part 405 

Investigations, Penalties, Space 

transportation and exploration. 

14 CFR Part 420 

Environmental protection, Reporting 

and recordkeeping requirements, Space 

transportation and exploration. 

14 CFR Part 431 

Aviation safety, Environmental 

protection, Investigations, Reporting 

and recordkeeping requirements, Space 

transportation and exploration. 

14 CFR Part 435 

Aviation safety, Environmental 

protection, Investigations, Reporting 


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28534 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations 

and recordkeeping requirements, Space 

transportation and exploration. 

14 CFR Part 437 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements, Space 

transportation and exploration. 

14 CFR Part 460 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements, Space 

transportation and exploration. 

The Amendments 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapters I and III of title 14, 

Code of Federal Regulations as follows: 

PART 11—GENERAL RULEMAKING 

PROCEDURES 

■ 1. The authority citation for part 11 is 

revised to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40101, 

40103, 40105, 40109, 40113, 44110, 44502, 

44701–44702, 44711, 46102, and 51 U.S.C. 

50901–50923. 

■ 2. Revise § 11.15 to read as follows: 

§ 11.15 What is a petition for exemption? 

A petition for exemption is a request 

to the FAA by an individual or entity 

asking for relief from the requirements 

of a current regulation. For petitions for 

waiver of commercial space 

transportation regulations, see part 404 

of this title. 

■ 3. Amend § 11.63 by revising 

paragraph (a)(1) to read as follows: 

§ 11.63 How and to whom do I submit my 

petition for rulemaking or petition for 

exemption? 

(a) * * * 

(1) By electronic submission, submit 

your petition for rulemaking or 

exemption to the FAA through the 

internet at http://www.regulations.gov, 

the Federal Docket Management System 

website. For additional instructions, you 

may visit http://www.faa.gov, and 

navigate to the Rulemaking home page. 

* * * * * 

PART 404—PETITION AND 

RULEMAKING PROCEDURES 

■ 4. The authority citation for part 404 

continues to read as follows: 

Authority: 51 U.S.C. 50901–50923. 

■ 5. The heading of part 404 is revised 

to read as set forth above. 

■ 6. Remove the headings of subparts A 

and B. 

■ 7. Revise § 404.1 to read as follows: 

§ 404.1 Scope. 

This part establishes procedures for 

issuing regulations and for filing a 

petition for waiver or petition for 

rulemaking to the Associate 

Administrator for Commercial Space 

Transportation. 

■ 8. Amend § 404.3 by revising the 

section heading and paragraphs (a)(3), 

(b), (c), (d), and adding new paragraphs 

(e), (f), and (g) to read as follows: 

§ 404.3 General. 

(a) * * * 

(3) Waive the requirement for a 

license, except as provided in § 404.7(b). 

(b) A petition filed under this section 

may request, under § 413.9 of this 

chapter, that the Associate 

Administrator withhold certain trade 

secrets or proprietary commercial or 

financial data from public disclosure. 

(c) Each petitioner filing under this 

section must: 

(1) For electronic submission, send 

one copy of the petition by email to the 

Office of Commercial Space 

Transportation at ASTpetition@faa.gov; 

or 

(2) For paper submission, send one 

copy of the petition to the Office of 

Commercial Space Transportation, 

Federal Aviation Administration, 800 

Independence Avenue SW, Room 331, 

Washington, DC 20591. 

(d) Each petition filed under this 

section must include the petitioner’s 

name, mailing address, telephone 

number and any other contact 

information, such as an email address or 

a fax number. 

(e) Notification. When the Associate 

Administrator determines that a petition 

should be granted or denied, the 

Associate Administrator notifies the 

petitioner of the Associate 

Administrator’s action and the reasons 

supporting the action. 

(f) Reconsideration. Any person may 

petition the FAA to reconsider a denial 

of a petition the person filed. The 

petitioner must send a request for 

reconsideration within 60 days after 

being notified of the denial to the same 

address to which the original petition 

was filed. For the FAA to accept the 

reconsideration request, the petitioner 

must show— 

(1) There is a significant additional 

fact and the reason it was not included 

in the original petition; 

(2) The FAA made an important 

factual error in its denial of the original 

petition; or 

(3) The denial is not in accordance 

with the applicable law and regulations. 

(g) Public hearing. No public hearing, 

argument or other proceeding is held on 

a petition before its disposition under 

this section. 

■ 9. Revise § 404.5 to read as follows: 

§ 404.5 Filing a petition for waiver. 

A petition for waiver must be 

submitted at least 60 days before the 

proposed effective date of the waiver 

unless the petitioner shows good cause 

for later submission in the petition, and 

the petition for waiver must— 

(a) Include the specific section or 

sections of 14 CFR chapter III from 

which the petitioner seeks relief; 

(b) Include the extent of the relief 

sought and the reason the relief is being 

sought; 

(c) Include any facts, views, and data 

available to the petitioner to support the 

waiver request; and 

(d) Show why granting the request for 

relief is in the public interest and will 

not jeopardize the public health and 

safety, safety of property, and national 

security and foreign policy interests of 

the United States. 

■ 10. Add § 404.7 to read as follows: 

§ 404.7 Action on a petition for waiver. 

(a) Grant of waiver. The Associate 

Administrator may grant a waiver, 

except as provided in paragraph (b) of 

this section, if the Associate 

Administrator determines that the 

waiver is in the public interest and will 

not jeopardize public health and safety, 

the safety of property, or any national 

security or foreign policy interest of the 

United States. 

(b) Waiver ineligibility. The FAA may 

not grant a waiver that would permit the 

launch or reentry of a launch vehicle or 

a reentry vehicle without a license or 

permit if a human being will be on 

board. 

(c) Denial of waiver. If the Associate 

Administrator determines that the 

petition does not justify granting a 

waiver, the Associate Administrator 

denies the petition. 

■ 11. Add § 404.9 to read as follows: 

§ 404.9 Filing a petition for rulemaking. 

A petition for rulemaking filed under 

this part must be made in accordance 

with 14 CFR 11.71. 

■ 12. Revise § 404.11 to read as follows: 

§ 404.11 Action on a petition for 

rulemaking. 

The FAA will process petitions for 

rulemaking under this part in 

accordance with 14 CFR 11.73. 

■ 13. Revise § 404.13 to read as follows: 

§ 404.13 Rulemaking. 

(a) The FAA’s rulemaking procedures 

are located in subpart A of part 11 of 

this title, under the General, Written 


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Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations 28535 

Comments, and Public Meetings and 

Other Proceedings headings. 

(b) In addition to the rulemaking 

procedures referenced in paragraph (a) 

of this section, the provisions of 

§§ 404.17 and 404.19 also apply. 

§ 404.15 [Removed and Reserved] 

■ 14. Remove and reserve § 404.15. 

PART 405—COMPLIANCE AND 

ENFORCEMENT 

■ 15. The authority citation for part 405 

continues to read as follows: 

Authority: 51 U.S.C. 50901–50923. 

■ 16. The heading of part 405 is revised 

to read as set forth above. 

PART 420—LICENSE TO OPERATE A 

LAUNCH SITE 

■ 17. The authority citation for part 420 

continues to read as follows: 

Authority: 51 U.S.C. 50901–50923. 

■ 18. Revise § 420.1 to read as follows: 

§ 420.1 General. 

(a) Scope. This part prescribes the 

information and demonstrations that 

must be provided to the FAA as part of 

a license application, the bases for 

license approval, license terms and 

conditions, and post-licensing 

requirements with which a licensee 

shall comply to remain licensed. 

Requirements for preparing a license 

application are contained in part 413 of 

this subchapter. 

(b) Equivalent level of safety. Each 

requirement of this part applies unless 

the applicant or licensee clearly and 

convincingly demonstrates that an 

alternative approach provides an 

equivalent level of safety to the 

requirement of this part. 

■ 19. Amend § 420.23 by revising 

paragraphs (a)(3), (b)(4), and (c)(2), and 

removing paragraph (c)(3) to read as 

follows: 

§ 420.23 Launch site location review— 

flight corridor. 

(a) * * * 

(3) Uses one of the methodologies 

provided in appendix A or B of this 

part. 

(b) * * * 

(4) Uses one of the methodologies 

provided in appendix A or B to this 

part. 

(c) * * * 

(2) An applicant shall base its analysis 

on an unguided suborbital launch 

vehicle whose final launch vehicle stage 

apogee represents the intended use of 

the launch point. 

* * * * * 

■ 20. Amend § 420.25 by revising 

paragraph (a) to read as follows: 

§ 420.25 Launch site location review—risk 

analysis. 

(a) If a flight corridor or impact 

dispersion area defined by § 420.23 

contains a populated area, the applicant 

shall estimate the casualty expectation 

associated with the flight corridor or 

impact dispersion area. An applicant 

shall use the methodology provided in 

appendix C to this part for guided 

orbital or suborbital expendable launch 

vehicles and appendix D for unguided 

suborbital launch vehicles. 

* * * * * 

PART 431—LAUNCH AND REENTRY 

OF A REUSABLE LAUNCH VEHICLE 

(RLV) 

■ 21. The authority citation for part 431 

continues to read as follows: 

Authority: 51 U.S.C. 50901–50923. 

■ 22. Revise § 431.1 to read as follows: 

§ 431.1 General. 

(a) Scope. This part prescribes 

requirements for obtaining a reusable 

launch vehicle (RLV) mission license 

and post-licensing requirements with 

which a licensee must comply to remain 

licensed. Requirements for preparing a 

license application are contained in part 

413 of this subchapter. 

(b) Equivalent level of safety. Each 

requirement of this part applies unless 

the applicant or licensee clearly and 

convincingly demonstrates that an 

alternative approach provides an 

equivalent level of safety to the 

requirement of this part. 

PART 435—REENTRY OF A REENTRY 

VEHICLE OTHER THAN A REUSABLE 

LAUNCH VEHICLE (RLV) 

■ 23. The authority citation for part 435 

continues to read as follows: 

Authority: 51 U.S.C. 50901–50923. 

■ 24. Revise § 435.1 to read as follows: 

§ 435.1 General. 

(a) Scope. This part prescribes 

requirements for obtaining a license to 

reenter a reentry vehicle other than a 

reusable launch vehicle (RLV), and 

postlicensing requirements with which 

a licensee must comply to remain 

licensed. Requirements for preparing a 

license application are contained in part 

413 of this subchapter. 

(b) Equivalent level of safety. Each 

requirement of this part applies unless 

the applicant or licensee clearly and 

convincingly demonstrates that an 

alternative approach provides an 

equivalent level of safety to the 

requirement of this part. 

PART 437—EXPERIMENTAL PERMITS 

■ 25. The authority citation for part 437 

continues to read as follows: 

Authority: 51 U.S.C. 50901–50923. 

■ 26. Revise § 437.1 to read as follows: 

§ 437.1 Scope and organization of this 

part. 

(a) Scope. This part prescribes 

requirements for obtaining an 

experimental permit. It also prescribes 

post-permitting requirements with 

which a permittee must comply to 

maintain its permit. Part 413 of this 

subchapter contains procedures for 

applying for an experimental permit. 

(b) Equivalent level of safety. Each 

requirement of this part applies unless 

the applicant or permittee clearly and 

convincingly demonstrates that an 

alternative approach provides an 

equivalent level of safety to the 

requirement of this part. 

(c) Organization of this part. Subpart 

A contains general information about an 

experimental permit. Subpart B contains 

requirements to obtain an experimental 

permit. Subpart C contains the safety 

requirements with which a permittee 

must comply while conducting 

permitted activities. Subpart D contains 

terms and conditions of an experimental 

permit. 

■ 27. Amend § 437.65 by revising 

paragraph (b) to read as follows: 

§ 437.65 Collision avoidance analysis. 

* * * * * 

(b) The collision avoidance analysis 

must establish each period during 

which a permittee may not initiate flight 

to ensure that a permitted vehicle and 

any jettisoned components do not pass 

closer than 200 kilometers to a manned 

or mannable orbital object. 

PART 460—HUMAN SPACE FLIGHT 

REQUIREMENTS 

■ 28. The authority citation for part 460 

continues to read as follows: 

Authority: 51 U.S.C. 50901–50923. 

■ 29. Amend § 460.5 by revising 

paragraph (d) to read as follows: 

§ 460.5 Crew qualifications and training. 

* * * * * 

(d) A pilot or a remote operator may 

demonstrate an equivalent level of 

safety to paragraph (c)(1) of this section 

through the license or permit process. 

* * * * * 


sradovich on DSK3GMQ082PROD with RULES
28536 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations 

Issued in Washington, DC, on June 6, 2018. 

Daniel K. Elwell, 

Acting Administrator. 

[FR Doc. 2018–13177 Filed 6–19–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–1247; Product 

Identifier 2017–NM–085–AD; Amendment 

39–19316; AD 2018–13–04] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc., Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc., Model BD–100–1A10 

airplanes. This AD was prompted by a 

report indicating that certain lanyards 

for the passenger oxygen masks located 

in the airplane’s entry area are too long. 

This AD requires replacement of certain 

oxygen mask lanyards with shorter 

lanyards. We are issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective July 25, 

2018. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of July 25, 2018. 

ADDRESSES: For service information 

identified in this final rule, contact 

Bombardier, Inc., 400 Coˆte-Vertu Road 

West, Dorval, Que ́bec H4S 1Y9, Canada; 

telephone: 514–855–5000; fax: 514– 

855–7401; email: thd.crj@

aero.bombardier.com; internet: http://

www.bombardier.com. You may view 

this referenced service information at 

the FAA, Transport Standards 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 on the internet 

at http://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2017–1247. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

1247; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone 800–647– 

5527) is Docket Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Cesar Gomez, Aerospace Engineer, 

Airframe and Mechanical Systems 

Section, FAA, New York ACO Branch, 

1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone 516– 

228–7318; fax 516–794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Bombardier, Inc., Model 

BD–100–1A10 airplanes. The NPRM 

published in the Federal Register on 

January 17, 2018 (83 FR 2373) (‘‘the 

NPRM’’). The NPRM was prompted by 

a report indicating that certain lanyards 

for the passenger oxygen masks located 

in the airplane’s entry area are too long. 

The NPRM proposed to require 

replacement of certain oxygen mask 

lanyards with shorter lanyards. We are 

issuing this AD to detect and correct 

lanyards that are too long, which might 

result in difficulties starting the flow of 

oxygen in an emergency. 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian AD 

CF–2017–22, dated June 23, 2017 

(referred to after this as the Mandatory 

Continuing Airworthiness Information, 

or ‘‘the MCAI’’), to correct an unsafe 

condition for certain Bombardier, Inc., 

Model BD–100–1A10 airplanes. The 

MCAI states: 

Bombardier, Inc., has discovered that the 

entry area passenger oxygen mask lanyards 

are too long. Upon deployment during an 

emergency, this may result in difficulties to 

start the oxygen flow for tall individuals. 

This [Canadian] AD mandates the 

replacement of the existing entry area 

passenger oxygen mask lanyards with shorter 

ones for proper operation. 

You may examine the MCAI in the AD 

docket on the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

1247. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Request To Match Compliance Time in 

the Service Information 

Bombardier noted that the compliance 

time in paragraph (g) of the proposed 

AD was ‘‘Within 36 months after the 

effective date of this AD,’’ whereas 

Bombardier Service Bulletin 100–35–08, 

dated April 11, 2017, includes a 

compliance time of within ‘‘36 months 

from this Service Bulletin release date 

(Basic Issue)’’. We infer that the 

commenter is requesting that the 

compliance time in paragraph (g) of the 

proposed AD be changed to match what 

is in the service information. 

We do not agree with the commenter’s 

request. In developing an appropriate 

compliance time for this AD, we 

considered the degree of urgency 

associated with addressing the unsafe 

condition and the manufacturer’s 

recommendation for an appropriate 

compliance time, as well as the time 

required for the rulemaking process. In 

consideration of these factors, we find 

that the compliance time, as proposed, 

represents an appropriate interval in 

which to replace the affected oxygen 

mask lanyards, while still maintaining 

an adequate level of safety. Operators 

are always permitted to accomplish the 

requirements of an AD at a time earlier 

than the specified compliance time. We 

have not changed this AD regarding this 

issue. 

Request To Correct Typographical 

Error 

Bombardier requested that a part 

number in paragraph (g) of the proposed 

AD be corrected. Paragraph (g) of the 

proposed AD specified the replacement 

of lanyards having a certain part number 

with new lanyards having part number 

P/N 289–65–10. The correct part 

number for the new lanyards is P/N 

289–165–10. 

We agree with the commenter’s 

request and have revised paragraph (g) 

of this AD to include the correct part 

number for the new lanyards, P/N 289– 

165–10, which is specified in 

Bombardier Service Bulletin 100–35–08, 

dated April 11, 2017. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting this AD 

with the changes described previously 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 


sradovich on DSK3GMQ082PROD with RULES