Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Proposed Rules 2085 

(2) Take further action without 

referring the Petition to the State 

Appraisal Agency. 

(g) State Appraisal Agency Action. 

(1) In the event the State Appraisal 

Agency opts to conduct further 

evaluation and study on a Petition, the 

State Appraisal Agency may: 

(i) Issue a written determination that 

there is a scarcity of certified or licensed 

appraisers leading to significant delays 

in the performance of appraisals for 

FRTs or a class of FRTs within either a 

portion of, or the entire State (or request 

that the ASC issue such a written 

determination), in which case, the 

procedures and requirements of § 1102.3 

and 1102.6(a) shall apply; or 

(ii) Recommend that the ASC take no 

further action. 

(2) In the event the State Appraisal 

Agency either recommends no further 

action or declines to conduct further 

evaluation and study on a Petition, the 

ASC may exercise its discretion in 

determining whether to issue an Order 

initiating a temporary waiver 

proceeding in accordance with 

§ 1102.5(a). 

§ 1102.5 Order initiating a temporary 

waiver proceeding. 

The ASC may exercise discretion in 

determining whether to issue an Order 

initiating a temporary waiver 

proceeding in response to a Petition, or 

alternatively, the ASC may exercise 

discretion to initiate a temporary waiver 

proceeding on its own initiative without 

a Petition being submitted. In either 

event, such an Order would include 

consideration of certain items that 

would be addressed in a Request for 

Temporary Waiver. (See e.g., 

§ 1102.3(b)(2) through (6), Contents and 

Receipt of a Request for Temporary 

Waiver). If such an Order is issued, the 

ASC shall publish a Federal Register 

notice in accordance with § 1102.6(b). 

§ 1102.6 Notice and comment. 

The ASC shall publish promptly in 

the Federal Register a notice respecting: 

(a) A received Request for Temporary 

Waiver (see § 1102.3(c)); or 

(b) An ASC Order initiating a 

temporary waiver proceeding (see 

§ 1102.5). 

The notice of a received Request for 

Temporary Waiver or ASC Order 

initiating a temporary waiver 

proceeding shall contain a concise 

statement of the nature and basis for the 

action and shall give interested persons 

30 calendar days from its publication in 

which to submit written data, views, 

and arguments. 

§ 1102.7 ASC determination. 

(a) Order by the ASC. Within 90 

calendar days of the date of publication 

of the notice in the Federal Register, the 

ASC, by Order, shall either grant or 

deny a waiver, in whole or in part, and 

upon specified terms and conditions, 

including provisions for waiver 

termination. The Order shall be 

published in the Federal Register, 

which in the case of an Order approving 

a waiver, shall only be published after 

FFIEC approval of the waiver (see 

paragraph (b) of this section). Such 

Order shall respond to comments 

received from interested members of the 

public and shall provide the reasons for 

the ASC’s finding(s). 

(b) Approval by the FFIEC. Any ASC 

Order approving a waiver shall be 

effective only upon FFIEC approval of 

the waiver. FFIEC consideration of a 

waiver is not subject to the ASC’s 90- 

day timeframe for a determination. 

§ 1102.8 Waiver extension. 

The ASC may initiate an extension of 

temporary waiver relief and shall follow 

§§ 1102.6, 1102.7 and 1102.9 of this 

subpart. A State Appraisal Agency also 

may seek an extension of temporary 

waiver relief by forwarding an 

additional written Request for 

Temporary Waiver to the ASC. A 

request for an extension from a State 

Appraisal Agency shall be subject to all 

the requirements of this subpart. 

§ 1102.9 Waiver termination. 

(a) Mandatory waiver termination. 

The ASC shall terminate a temporary 

waiver Order when the ASC determines 

that significant delays in the 

performance of appraisals by certified or 

licensed appraisers no longer exist. 

(b) Discretionary waiver termination. 

The ASC at any time may terminate a 

waiver Order on the finding that the 

terms and conditions of the waiver 

Order are not being satisfied. In the case 

of a discretionary waiver termination, 

the ASC shall publish a finding of 

waiver termination promptly in the 

Federal Register, giving interested 

persons no less than 30 calendar days 

from publication in which to submit 

written data, views, and arguments. In 

the absence of further ASC action to the 

contrary, the finding of discretionary 

waiver termination automatically shall 

become final 21 calendar days after the 

close of the comment period. 

By the Appraisal Subcommittee. 

Dated: January 6, 2022. 

Tim Segerson, 

Chairman. 

[FR Doc. 2022–00342 Filed 1–12–22; 8:45 am] 

BILLING CODE 6700–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–1176; Project 

Identifier MCAI–2021–00755–R] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

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 

certain Airbus Helicopters Model 

SA330J helicopters. This proposed AD 

was prompted by a review of Model 

EC225LP helicopter data that revealed 

potential tightening torque loss of the 

attachment screws of the upper deck 

fittings of the three main gearbox (MGB) 

suspension bars. Due to design 

similarities, the MGB right-hand (RH) 

rear fittings and MGB RH rear fitting 

attachment screws on Model SA330J 

helicopters could also be affected. 

Additional analysis confirmed that the 

service life limit (life limit) (SLL) for 

these affected MGB RH rear fittings 

needs to be reduced for helicopters on 

which these affected parts were 

operated concurrently with metallic 

main rotor blades installed. This 

proposed AD would require 

determining the damage value and SLL 

of each affected MGB RH rear fitting, 

replacing each affected MGB RH rear 

fitting with a new part, and replacing 

the MGB RH rear fitting attachment 

screws, as specified in a European 

Union Aviation Safety Agency (EASA) 

AD, which is proposed for incorporation 

by reference (IBR). 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 February 28, 

2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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 


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p.m., Monday through Friday, except 

Federal holidays. 

For EASA material that is proposed 

for IBR in this AD, contact 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 the EASA material 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 EASA 

material is also available at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

1176. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–1176; 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 EASA AD, any comments 

received, and other information. The 

street address for Docket Operations is 

listed above. 

FOR FURTHER INFORMATION CONTACT: Hal 

Jensen, Aerospace Engineer, Operational 

Safety Branch, FAA, 950 L’Enfant Plaza 

SW, Washington, DC 20024; telephone 

(202) 267–9167; email hal.jensen@

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–2021–1176; Project Identifier 

MCAI–2021–00755–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 

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 Hal Jensen, Aerospace 

Engineer, Operational Safety Branch, 

FAA, 950 L’Enfant Plaza SW, 

Washington, DC 20024; telephone (202) 

267–9167; email hal.jensen@faa.gov. 

Any commentary that the FAA receives 

that is not specifically designated as CBI 

will be placed in the public docket for 

this rulemaking. 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021– 

0152R1, dated July 20, 2021 (EASA AD 

2021–0152R1), to correct an unsafe 

condition for Airbus Helicopters 

(formerly Eurocopter, Eurocopter 

France, Aerospatiale, Sud Aviation) 

Model SA 330 J helicopters, all serial 

numbers, which were modified in 

service in accordance with the 

instructions of Eurocopter France 

Service Bulletin (SB) No. 01.20 (part of 

which is the in-service retrofit 

Modification (Mod) 07 40043), except 

those on which each affected part (as 

defined in EASA AD 2021–0152R1) was 

replaced with a new part (not 

previously installed) during 

embodiment of Eurocopter France SB 

No. 01.20 in service. 

This proposed AD was prompted by 

a review of Model EC225LP helicopter 

in-service data that revealed potential 

tightening torque loss of the attachment 

screws of the upper deck fittings of the 

three MGB suspension bars. The FAA 

issued AD 2020–06–12, Amendment 

39–19881 (85 FR 19077, April 6, 2020) 

to address the unsafe condition on 

Model EC225LP helicopters). Due to 

design similarities, the MGB RH rear 

fittings and MGB RH rear fitting 

attachment screws on Model SA330J 

helicopters could also be affected. 

Additional analysis confirmed that the 

SLL for these affected MGB RH rear 

fittings needs to be reduced for 

helicopters on which these affected 

parts were operated concurrently with 

metallic main rotor blades (pre-Airbus 

Helicopters Modification 07 40043) 

installed. Airbus Helicopters 

Modification 07 40043 introduced the 

installation of composite main rotor 

blades. 

The FAA is proposing this AD to 

address tightening torque loss of the 

attachment screws of the upper deck 

fittings of the three MGB suspension 

bars. The unsafe condition, if not 

addressed, could result in structural 

failure of the MGB RH rear fittings and 

MGB RH rear fitting attachment screws, 

resulting in detachment of the MGB 

suspension bars and consequent loss of 

control of the helicopter. See EASA AD 

2021–0152R1 for additional background 

information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2021–0152R1 requires 

determining the damage value of each 

affected MGB RH rear fitting by 

calculating the damage caused during 

the time each affected part was operated 

concurrently with metallic main rotor 

blades installed on the helicopter, 

calculating the SLL for each affected 

MGB RH rear fitting, and eventually 

replacing each affected MGB RH rear 

fitting and the MGB RH rear fitting 

attachment screws with new parts. 

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 

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 the unsafe condition 

described previously is likely to exist or 

develop on other helicopters of the same 

type design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2021–0152R1, described 

previously, as incorporated by 

reference, except for any differences 


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Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Proposed Rules 2087 

identified as exceptions in the 

regulatory text of this proposed AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use some civil aviation authority (CAA) 

ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, the FAA proposes to 

incorporate EASA AD 2021–0152R1 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2021– 

0152R1 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 

EASA AD 2021–0152R1 does not mean 

that operators need comply only with 

that section. For example, where the AD 

requirement refers to ‘‘all required 

actions and compliance times,’’ 

compliance with this AD requirement is 

not limited to the section titled 

‘‘Required Action(s) and Compliance 

Time(s)’’ in EASA AD 2021–0152R1. 

Service information referenced in EASA 

AD 2021–0152R1 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–1176 after the FAA final 

rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 15 

helicopters of U.S. Registry. Labor rates 

are estimated at $85 per work-hour. 

Based on these numbers, the FAA 

estimates the following costs to comply 

with this proposed AD. 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators’ 

Determine damage value and SLL ................. 1 work-hour × $85 per hour = $85 ................. $0 $85 $1,275 

Replace parts .................................................. 8 work-hours × $85 per hour = $680 ............. 7,540 8,220 123,300 

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) 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: Docket No. FAA–2021– 

1176; Project Identifier MCAI–2021– 

00755–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by February 28, 

2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Helicopters 

Model SA330J helicopters, certificated in any 

category, as identified in European Union 

Aviation Safety Agency (EASA) AD 2021– 

0152R1, dated July 20, 2021 (EASA AD 

2021–0152R1). 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6300, Main Rotor Drive System. 

(e) Unsafe Condition 

This AD was prompted by a review of 

Airbus Helicopters Model EC225LP 

helicopter data that revealed potential 

tightening torque loss of the attachment 

screws of the upper deck fittings of the three 

main gearbox (MGB) suspension bars. Due to 

design similarities, the MGB right-hand (RH) 

rear fittings and MGB RH rear fitting 

attachment screws on Model SA330J 

helicopters could also be affected. Additional 

analysis confirmed that the service life limit 

(life limit) (SLL) for the affected MGB RH rear 

fittings needs to be reduced for helicopters 

on which these affected parts were operated 

concurrently with metallic main rotor blades 

installed. The FAA is issuing this AD to 

address tightening torque loss of the 

attachment screws of the upper deck fittings 

of the three MGB suspension bars. The 

unsafe condition, if not addressed, could 

result in structural failure of the MGB RH 

rear fittings and MGB RH rear fitting 

attachment screws, resulting in detachment 

of the MGB suspension bars and consequent 

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, EASA AD 2021–0152R1. 


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(h) Exceptions to EASA AD 2021–0152R1 

(1) Where EASA AD 2021–0152R1 requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service. 

(2) Where EASA AD 2021–0152R1 refers to 

July 9, 2021 (the effective date of EASA AD 

2021–0152, dated June 25, 2021), this AD 

requires using the effective date of this AD. 

(3) Where the service information 

referenced in EASA AD 2021–0152R1 

specifies discarding parts, this AD requires 

removing those parts from service. 

(4) Although the service information 

referenced in EASA AD 2021–0152R1 

specifies that ‘‘The work must be performed 

on the helicopter by the operator.’’ this AD 

does not require that the operator perform the 

work. 

(5) This AD does not mandate compliance 

with the ‘‘Remarks’’ section of EASA AD 

2021–0152R1. 

(6) The preliminary steps specified in 

paragraph 3.B.1. of the service information 

referenced in EASA AD 2021–0152R1 are not 

required for compliance with this AD. 

(7) Although the service information 

referenced in EASA AD 2021–0152R1 

specifies contacting Airbus Helicopters if the 

time since new (TSN) is unknown at the 

retrofit date, this AD requires determining 

the damage value and the SLL of each 

affected part but does not require contacting 

Airbus Helicopters if the TSN is unknown at 

the retrofit date. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2021–0152R1 

specifies to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) 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 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. 

(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. 

(k) Related Information 

(1) For EASA AD 2021–0152R1, contact 

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 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 

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

for and locating Docket No. FAA–2021–1176. 

(2) For more information about this AD, 

contact Hal Jensen, Aerospace Engineer, 

Operational Safety Branch, FAA, 950 

L’Enfant Plaza SW, Washington, DC 20024; 

telephone (202) 267–9167; email hal.jensen@

faa.gov. 

Issued on January 4, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–00127 Filed 1–12–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–1163; Airspace 

Docket No. 19–AAL–38] 

RIN 2120–AA66 

Proposed Establishment of United 

States Area Navigation (RNAV) Route 

T–369; Bethel, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish United States Area Navigation 

(RNAV) route T–369 in the vicinity of 

Bethel, AK in support of a large and 

comprehensive T-route modernization 

project for the state of Alaska. 

DATES: Comments must be received on 

or before February 28, 2022. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590; telephone: 

1(800) 647–5527, or (202) 366–9826. 

You must identify FAA Docket No. 

FAA–2021–1163; Airspace Docket No. 

19–AAL–38 at the beginning of your 

comments. You may also submit 

comments through the internet at 

https://www.regulations.gov. 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at https://www.faa.gov/air_

traffic/publications/. For further 

information, you can contact the Rules 

and Regulations Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC, 20591; telephone: (202) 267–8783. 

FAA Order JO 7400.11F is also available 

for inspection at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

FAA Order JO 7400.11F at NARA, 

email: fr.inspection@nara.gov or go to 

https://www.archives.gov/federalregister/cfr/ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Christopher McMullin, Rules and 

Regulations Group, Office of Policy, 

Federal Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

expand the availability of RNAV in 

Alaska and improve the efficient flow of 

air traffic within the National Airspace 

System (NAS) by lessening the 

dependency on ground based 

navigation. 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2021–1163; Airspace Docket No. 19– 

AAL–38) and be submitted in triplicate 

to the Docket Management Facility (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the internet at 

https://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2021–1163; Airspace 

Docket No. 19–AAL–38’’. The postcard 

will be date/time stamped and returned 

to the commenter. 


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