3928 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2022–03–07 Stemme AG: Amendment 39– 

21924; Docket No. FAA–2021–1010; 

Project Identifier MCAI–2020–00807–G. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective March 2, 2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Stemme AG TSA–M 

Model S6 and S6–RT gliders, all serial 

numbers, certificated in any category, with a 

propeller gearbox tooth belt marked 

‘‘Synchroforce Carbon’’ installed. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 6100, Propeller System. 

(e) Unsafe Condition 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

issued by the aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

describes the unsafe condition as a new 

version of the propeller gearbox tooth belt 

with a reduced life limit. The FAA is issuing 

this AD to prevent a propeller gearbox tooth 

belt remaining in service beyond its fatigue 

life. The unsafe condition, if not addressed, 

could result in failure of the propeller 

gearbox tooth belt and reduced control of the 

glider. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Before the propeller gearbox tooth belt 

accumulates 5 years since installation on a 

glider or within 30 days after the effective 

date of this AD, whichever occurs later, and 

thereafter at intervals not to exceed 5 years, 

remove the propeller gearbox tooth belt from 

service and install a propeller gearbox tooth 

belt with zero hours time-in-service. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or 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 and 

email to: 9-AVS-AIR-730-AMOC@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 Jim Rutherford, Aviation Safety 

Engineer, General Aviation & Rotorcraft 

Section, International Validation Branch, 

FAA, 901 Locust, Room 301, Kansas City, 

MO 64106; phone: (816) 329–4165; email: 

jim.rutherford@faa.gov. 

(2) Refer to European Union Aviation 

Safety Agency (EASA) AD 2020–0140, dated 

June 23, 2020, for more information. You 

may examine the EASA AD in the AD docket 

at https://www.regulations.gov by searching 

for and locating Docket No. FAA–2021–1010. 

(j) Material Incorporated by Reference 

None. 

Issued on January 20, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–01479 Filed 1–25–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

[Docket No. OSHA–2020–0007] 

RIN 1218–AD42 

COVID–19 Vaccination and Testing; 

Emergency Temporary Standard 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Interim final rule; withdrawal. 

SUMMARY: OSHA is withdrawing the 

November 5, 2021, emergency 

temporary standard (ETS) which was 

issued to protect unvaccinated 

employees of large employers (100 or 

more employees) from the risk of 

contracting COVID–19 by strongly 

encouraging vaccination. 

DATES: The withdrawal is effective 

January 26, 2022. 

ADDRESSES: In accordance with 28 

U.S.C. 2112(a), the agency designates 

Edmund C. Baird, Associate Solicitor of 

Labor for Occupational Safety and 

Health, Office of the Solicitor, U.S. 

Department of Labor, to receive 

petitions for review of this agency 

action. Service can be accomplished by 

email to zzSOL-Covid19-ETS@dol.gov. 

FOR FURTHER INFORMATION CONTACT: 

General information and press 

inquiries: Contact Frank Meilinger, 

Director, Office of Communications, 

U.S. Department of Labor; telephone 

(202) 693–1999; email 

meilinger.francis2@dol.gov. 

For technical inquiries: Contact 

Andrew Levinson, Directorate of 

Standards and Guidance, U.S. 

Department of Labor; telephone (202) 

693–1950. 

SUPPLEMENTARY INFORMATION: 

I. Background and Rationale for 

Withdrawal 

On November 5, 2021, OSHA adopted 

an emergency temporary standard (the 

Vaccination and Testing ETS), under 

sections 4, 6(c), and 8 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 653, 655(c), 657), to 

protect unvaccinated employees of large 

employers (100 or more employees) 

from the risk of contracting COVID–19 

by strongly encouraging vaccination (86 

FR 61402). The Vaccination and Testing 

ETS required covered employers to 

develop, implement, and enforce a 

mandatory COVID–19 vaccination 

policy, with an exception for employers 

that instead adopted a policy requiring 

employees to either get vaccinated or 

elect to undergo regular COVID–19 

testing and wear a face covering at work 

in lieu of vaccination. That ETS also 

serves as a ‘‘proposed rule’’ for a 

‘‘proceeding’’ to promulgate an 

occupational safety or health standard. 

29 U.S.C. 655(c)(3); see 29 U.S.C. 655(b). 

On January 13, 2022, the U.S. 

Supreme Court stayed the Vaccination 

and Testing ETS, finding that 

challengers were likely to prevail on 

their claims. Nat’l Fed’n of Indep. Bus. 

v. Dep’t of Labor, 595 U.S. __, __(2022) 

(per curium) (slip op. at 5, 9). After 

evaluating the Court’s decision, OSHA 

is withdrawing the Vaccination and 

Testing ETS as an enforceable 

emergency temporary standard. To the 

extent that this withdrawal is not 

already generally exempt from the 

notice and comment requirements of the 

Administrative Procedure Act and the 

OSH Act, OSHA finds good cause that 

the opportunity for public comment on 

this withdrawal is impracticable, 

unnecessary, and contrary to the public 

interest within the meaning of 5 U.S.C. 

553(b)(B), and 29 U.S.C. 655(b) because 

it would unnecessarily delay the 

resolution of ambiguity for employers 

and workers alike. This agency action 

becomes effective immediately both 

because there is good cause and because 

the action removes a requirement on the 

regulated community. 5 U.S.C. 

553(d)(1), (3). 

Although OSHA is withdrawing the 

Vaccination and Testing ETS as an 

enforceable emergency temporary 

standard, OSHA is not withdrawing the 

ETS to the extent that it serves as a 

proposed rule under section 6(c)(3) of 

the Act, and this action does not affect 

the ETS’s status as a proposal under 

section 6(b) of the Act or otherwise 


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Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 3929 

affect the status of the notice-andcomment rulemaking commenced by 

the Vaccination and Testing ETS. See 29 

U.S.C. 655(c)(3). 

Notwithstanding the withdrawal of 

the Vaccination and Testing ETS, OSHA 

continues to strongly encourage the 

vaccination of workers against the 

continuing dangers posed by COVID–19 

in the workplace. 

II. Minor Revisions to § 1910.504 and 

§ 1910.509 

OSHA has removed the reference to 

§ 1910.501 from the introductory text of 

the Mini Respiratory Protection 

requirements in § 1910.504 because the 

former section is now removed. The 

Mini Respiratory Protection Program 

section is retained, however, because it 

remains a requirement for respirator use 

under § 1910.502(f)(4). Similarly, OSHA 

has revised the incorporation-byreference list in § 1910.509 by removing 

the reference to § 1910.501(h) from 

§ 1910.509(b)(5), as the incorporation by 

reference list now pertains only to 

documents incorporated by reference in 

§ 1910.502. 

Because these minor revisions do not 

make any substantive change to the 

duties of employers, OSHA finds good 

cause that the opportunity for public 

comment on these revisions is 

unnecessary within the meaning of 5 

U.S.C. 553(b)(B) and 29 U.S.C. 655(b). In 

addition, OSHA finds that public 

comment is impracticable in light of the 

need to provide clarity to the regulated 

community and to workers. 

III. State Plans 

The occupational safety and health 

programs run by the 28 States and U.S. 

territories with their own OSHAapproved occupational safety and health 

plans (State Plans) must be at least as 

effective as Federal OSHA’s program. 

This includes a requirement that, when 

Federal OSHA makes a program change 

that renders its program more effective, 

the State Plan must timely adopt a 

corresponding change in order to 

maintain a safety and health program 

that is at least as effective as Federal 

OSHA (29 CFR 1902.32(e); 29 CFR 

1902.44(a)). However, where, as here, 

the Federal program change does not 

impose any new requirements or 

otherwise render the Federal program 

more effective, State Plans are not 

required to take any action. 

List of Subjects in 29 CFR Part 1910 

COVID–19, Disease, Health facilities, 

Health, Healthcare, Incorporation by 

reference, Occupational health and 

safety, Public health, Reporting and 

recordkeeping requirements, 

Respirators, SARS–CoV–2, Vaccines, 

Viruses. 

Authority and Signature 

Douglas L. Parker, Assistant Secretary 

of Labor for Occupational Safety and 

Health, U.S. Department of Labor, 200 

Constitution Avenue NW, Washington, 

DC 20210, authorized the preparation of 

this document pursuant to the following 

authorities: Sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 653, 655, 657); Secretary 

of Labor’s Order 8–2020 (85 FR 58393 

(Sept. 18, 2020)); 29 CFR part 1911; and 

5 U.S.C. 553. 

Signed at Washington, DC, on January 21, 

2022. 

Douglas L. Parker, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

For the reasons set forth in the 

preamble, part 1910 of title 29 of the 

Code of Federal Regulations is amended 

as follows: 

PART 1910—OCCUPATIONAL SAFETY 

AND HEALTH STANDARDS 

Subpart U—COVID–19 

■ 1. The authority citation for subpart U 

continues to read as follows: 

Authority: 29 U.S.C. 653, 655, and 657; 

Secretary of Labor’s Order No. 8–2020 (85 FR 

58393); 29 CFR part 1911; and 5 U.S.C. 553. 

§ 1910.501 [Removed and Reserved] 

■ 2. Remove and reserve § 1910.501 

■ 3. Amend § 1910.504 by revising 

paragraph (a) to read as follows: 

§ 1910.504 Mini Respiratory Protection 

Program. 

(a) Scope and application. This 

section applies only to respirator use in 

accordance with § 1910.502(f)(4). 

* * * * * 

■ 4. Amend § 1910.509 by revising 

paragraph (b)(5) to read as follows: 

§ 1910.509 Incorporation by reference. 

* * * * * 

(b) * * * 

(5) Isolation Guidance. COVID–19: 

Isolation If You Are Sick; Separate 

yourself from others if you have 

COVID–19, updated February 18, 2021, 

IBR approved for § 1910.502(l). 

* * * * * 

[FR Doc. 2022–01532 Filed 1–25–22; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0531; FRL–9289–02– 

R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Reasonably Available 

Control Technology Determinations for 

Case-by-Case Sources Under the 1997 

and 2008 8-Hour Ozone National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving multiple 

state implementation plan (SIP) 

revisions submitted by the 

Commonwealth of Pennsylvania. These 

revisions were submitted by the 

Pennsylvania Department of 

Environmental Protection (PADEP) to 

establish and require reasonably 

available control technology (RACT) for 

23 major volatile organic compound 

(VOC) and/or nitrogen oxide (NOX) 

emitting facilities pursuant to the 

Commonwealth of Pennsylvania’s 

conditionally approved RACT 

regulations. In this rule action, EPA is 

approving source-specific (also referred 

to as case-by-case or CbC) RACT 

determinations or alternative NOX

emissions limits for sources at 23 major 

NOX and VOC emitting facilities within 

the Commonwealth submitted by 

PADEP. These RACT evaluations were 

submitted to meet RACT requirements 

for the 1997 and 2008 8-hour ozone 

national ambient air quality standards 

(NAAQS). EPA is approving these 

revisions to the Pennsylvania SIP in 

accordance with the requirements of the 

Clean Air Act (CAA) and EPA’s 

implementing regulations. 

DATES: This final rule is effective on 

February 25, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2021–0531. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 


khammond on DSKJM1Z7X2PROD with RULES