Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Proposed Rules 2561 

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. No faxes 

will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and free of 

any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

Pursuant to 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit via email two well-marked 

copies: One copy of the document 

marked confidential including all the 

information believed to be confidential, 

and one copy of the document marked 

non-confidential with the information 

believed to be confidential deleted. DOE 

will make its own determination about 

the confidential status of the 

information and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

Signing Authority 

This document of the Department of 

Energy was signed on January 9, 2022, 

by Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on January 11, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–00725 Filed 1–14–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2021–0775; Notice No. 25– 

21–03–SC] 

Special Conditions: FedEx Express, 

Airbus Model A321–200 Airplanes; 

Installation of an Infrared Laser 

Countermeasure System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Airbus Model A321– 

200 airplane. This airplane, as modified 

by FedEx Express (FedEx), will have a 

novel or unusual design feature when 

compared to the state of technology 

envisioned in the airworthiness 

standards for transport category 

airplanes. This design feature is a 

system that emits infrared laser energy 

outside the aircraft as a countermeasure 

against heat-seeking missiles. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These proposed special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: Send comments on or before 

March 4, 2022. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2021–0775 using 

any of the following methods: 

• Federal eRegulations Portal: Go to 

https://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: 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 

FAA will also post a report 

summarizing each substantive verbal 

contact received about this proposal. 

Confidential Business Information 

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 document 

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 document, 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 document. Send submissions 

containing CBI to the person indicated 

in the Contact section below. Comments 

that the FAA receives which are not 

specifically designated as CBI will be 

placed in the public docket for this 

rulemaking. 

Docket: Background documents or 

comments received may be read at 

https://www.regulations.gov/ at any 

time. Follow the online instructions for 

accessing the docket or go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Eric 

Peterson, Safety Risk Management 


khammond on DSKJM1Z7X2PROD with PROPOSALS
2562 Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Proposed Rules 

Section, AIR–633, Policy and 

Innovation Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 2200 South 216th 

Street, Des Moines, Washington 98198; 

telephone and fax 206–231–3413; email 

Eric.M.Peterson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested people to 

take part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the proposed special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. 

The FAA will consider all comments 

received by the closing date for 

comments. The FAA may change these 

proposed special conditions based on 

the comments received. 

Background 

On October 16, 2019, FedEx applied 

for a supplemental type certificate to 

install a laser-based missile-defense 

system, which directs infrared laser 

energy toward heat-seeking missiles, on 

the Airbus Model A321–200 airplane. 

This airplane, which is a derivative of 

the Airbus Model A321 series airplanes 

currently approved under Type 

Certificate No. A28NM, is a twin-engine, 

transport-category jet with allowable 

seating for 220 passengers, and a 

maximum takeoff weight of 89,000 

pounds. 

Type Certification Basis 

Under the provisions of title 14, Code 

of Federal Regulations (14 CFR) 21.101, 

FedEx must show that the Airbus Model 

A321–200 airplane, as changed, 

continues to meet the applicable 

provisions of the regulations listed in 

Type Certificate No. A28NM, or the 

applicable regulations in effect on the 

date of application for the change, 

except for earlier amendments as agreed 

upon by the FAA. 

If the Administrator finds that the 

applicable airworthiness regulations 

(e.g., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Airbus Model A321–200 airplane 

because of a novel or unusual design 

feature, special conditions are 

prescribed under the provisions of 

§ 21.16.

Special conditions are initially

applicable to the model for which they 

are issued. Should the applicant apply 

for a supplemental type certificate to 

modify any other model included on the 

same type certificate to incorporate the 

same novel or unusual design feature, 

these special conditions would also 

apply to the other model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Airbus Model A321–200 

airplane must comply with the fuel-vent 

and exhaust-emission requirements of 

14 CFR part 34, and the noisecertification requirements of 14 CFR 

part 36. 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.101.

Novel or Unusual Design Features

The Airbus Model A321–200 airplane, 

as modified by FedEx, will incorporate 

the following novel or unusual design 

feature: 

A system that emits infrared laser 

energy outside the aircraft. 

Discussion 

In recent years, in several incidents 

abroad, civilian aircraft were fired upon 

by man-portable air defense systems 

(MANPADS). This has led several 

companies to design and adapt systems 

like a laser-based missile-defense 

system for installation on civilian 

aircraft, to protect those aircraft against 

heat-seeking missiles. The FedEx 

missile-defense system directs infrared 

laser energy toward an incoming 

missile, in an effort to interrupt the 

missile’s tracking of the aircraft’s heat. 

Infrared laser energy can pose a 

hazard to persons on the aircraft, on the 

ground, and on other aircraft. The risk 

is heightened because infrared light is 

invisible to the human eye. Human 

exposure to infrared laser energy can 

result in eye and skin damage, and 

affect a flight crew’s ability to control 

the aircraft. Infrared laser energy also 

can affect other aircraft, whether 

airborne or on the ground, and property, 

such as fuel trucks and airport 

equipment, in a manner that adversely 

affects aviation safety. 

FAA design standards for transport 

category airplanes did not envisage that 

a design feature could project infrared 

laser energy outside the airplane. The 

FAA’s design standards are inadequate 

to address this capability. Therefore, 

this system is a novel or unusual design 

feature, and the FAA has developed 

these proposed special conditions to 

establish a level of safety equivalent to 

that of the regulations. 

Special conditions are also warranted, 

per 14 CFR 21.16, because FAA design 

standards are inappropriate for this 

design feature. Title 14, Code of Federal 

Regulations 25.1301 requires installed 

equipment to be of a design that is 

appropriate for its intended function. 

The FAA has no basis to determine 

whether this missile-defense system 

will successfully perform its intended 

function of thwarting heat-seeking 

missiles. 

The special conditions that the FAA 

proposes, to address the installation of 

the missile-defense system on this 

model of airplane, are as follows. 

Ground Activation. Condition 1 

requires the design to have means to 

prevent inadvertent operation of the 

system while the airplane is on the 

ground, including during maintenance. 

These means must identify and address 

all foreseeable failure modes that may 

result in inadvertent operation. These 

modes include errors in airplane 

maintenance and operating procedures, 

such as erroneously setting the system 

to ‘‘air’’ mode while the airplane is on 

the ground. The applicant could show 

such failure modes, their risks, and how 

they will be addressed, by conducting 

safety assessments and incorporating 

prevention strategies into the design. 

In-Flight Activation. Condition 2 

requires that the system be designed so 

that in-flight operation does not result 

in damage to the airplane or to other 

aircraft, or injury to any person. To 

account for these effects, the applicant’s 

analysis should include effects from the 

system’s erroneous operation, from 

system failures, and from failures that 

may not be readily detectable prior to 

flight (i.e., latent failures). The applicant 

may address this condition through 

safety assessments and incorporation of 

prevention strategies into its design. The 

‘‘operation’’ addressed by Condition 2 

includes all operation of the system, 

whether intentional, inadvertent, or 

automatic. 

Markings, instructions, and other 

information. Conditions 3, 4, and 5 are 

intended to protect certain categories of 

persons based upon their expected 

interaction with the system. These 

conditions require the design to supply 

certain safety information to these 

persons. 

Condition 3 requires the design to 

provide pertinent laser-safety 

information to maintenance and service 

personnel at the location of the 

installation. At a minimum, such 

‘‘pertinent’’ information will include 

information about potential hazards to 

persons who are using optical 

magnification devices, such as 

magnifying glasses or binoculars. The 

warning information should be 

consistent with the laser’s classification 

in 21 CFR 1040. 

Condition 4 requires the airplane 

instructions for continued airworthiness 

to contain the appropriate warnings 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Proposed Rules 2563 

related to the laser’s classification. Like 

the warning information to be provided 

at the location of the laser system’s 

installation, the purpose of this 

condition is to ensure any person 

maintaining the system is aware of the 

hazards, including those related to the 

use of magnifying glasses or binoculars. 

Condition 5 requires the applicant to 

update the airplane operating 

limitations and information required 

under 14 CFR 25.1581. The airplane 

flight-manual supplement insert must 

describe the intended function of the 

missile-defense system, its intended 

operation, and the phases of flight in 

which it may be used. The insert also 

must add a caution that describes the 

significant risk of injury the missiledefense system poses to others while in 

proximity to other aircraft, airports, and 

populated areas. 

These proposed special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

After considering public comment, 

should the FAA impose these special 

conditions on the applicant, and issue a 

supplemental type certificate for the 

installation of this system, such 

approvals would not constitute approval 

to operate the system. FAA Advisory 

Circular 70–1, ‘‘Outdoor Laser 

Operations,’’ provides guidance on 

obtaining operational approval. 

Applicability 

As discussed above, these proposed 

special conditions are applicable to the 

Airbus Model A321–200 airplane, as 

modified by FedEx, with the laser-based 

missile-defense system installed. 

Should FedEx apply at a later date for 

a supplemental type certificate to 

modify any other model included on 

Type Certificate No. A28NM to 

incorporate the same novel or unusual 

design feature, these special conditions 

would apply to that model as well. 

Conclusion 

This action affects only a certain 

novel or unusual design feature on one 

model of airplane. It is not a rule of 

general applicability and affects only 

the applicant. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

Authority Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

44701, 44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for the 

Airbus Model A321–200 airplane with a 

laser-based missile-defense system, as 

modified by FedEx. 

1. The system must have means that 

prevent the inadvertent activation of the 

system on the ground, including during 

airplane maintenance and ground 

handling. Such means must address all 

foreseeable failure modes and operating 

and maintenance errors. 

2. The system must be designed so 

that its operation in-flight does not 

result in damage to the airplane or other 

aircraft, or injury to any person. 

Operation of the system must not be 

capable of compromising continued safe 

flight and landing of other aircraft and 

the airplane on which it is installed, 

either by direct damage, laser-reflective 

damage, or through distraction or 

incapacitation of crew. 

3. Laser-safety information for 

maintaining or servicing the airplane 

must be prominently placarded on the 

airplane or laser-based missile-defense 

system at the location of the laser 

installation. 

4. Instructions for continued 

airworthiness for installation, removal, 

and maintenance of the laser-based 

missile-defense system must contain 

warnings appropriate to the laser 

classification concerning the hazards 

associated with exposure to laser 

radiation. This includes instructions 

regarding potential hazards to personnel 

who are using optical magnification 

devices such as magnifying glasses or 

binoculars. 

5. The airplane flight manual 

supplement (AFMS) must describe the 

intended functions of the installed laser 

systems, to include identifying the 

intended operations and phases of 

flight. The AFMS must state: Caution: 

The operation of the installed laser 

system could pose significant risk of 

injury to others while in proximity to 

other aircraft, airports, and populated 

areas. 

Issued in Kansas City, Missouri, on January 

7, 2022. 

Patrick R. Mullen, 

Manager, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2022–00505 Filed 1–14–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–1183; Project 

Identifier AD–2021–01193–E] 

RIN 2120–AA64 

Airworthiness Directives; CFM 

International, S.A. Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

CFM International, S.A. (CFM) LEAP– 

1A23, LEAP–1A24, LEAP–1A24E1, 

LEAP–1A26, LEAP–1A26CJ, LEAP– 

1A26E1, LEAP–1A29, LEAP–1A29CJ, 

LEAP–1A30, LEAP–1A32, LEAP–1A33, 

LEAP–1A33B2, and LEAP–1A35A 

model turbofan engines. This proposed 

AD was prompted by the detection of 

melt-related freckles in the billet, which 

may reduce the life of certain 

compressor rotor stages 6–10 spools, 

high pressure turbine (HPT) rotor 

interstage seals, HPT rotor stage 2 disks, 

low pressure turbine (LPT) stage 1 disks, 

LPT stage 2 disks, LPT stage 3 disks, 

and LPT stage 4 disks. This proposed 

AD would require revising the 

airworthiness limitations section (ALS) 

of the applicable CFM LEAP–1A Engine 

Shop Manual (ESM) and the operator’s 

existing approved continuous 

airworthiness maintenance program 

(CAMP) to incorporate reduced life 

limits for these parts. This proposed AD 

would also require the removal of 

certain LPT stage 4 disks identified by 

serial number (S/N) prior to their new 

life limits. 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 March 4, 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 

p.m., Monday through Friday, except 

Federal holidays. 


khammond on DSKJM1Z7X2PROD with PROPOSALS