Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations 71691 

H. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to assess 

the effects of a Federal regulatory action 

on State, local, and tribal governments, 

and the private sector. DOE has 

determined that today’s regulatory 

action does not impose a Federal 

mandate on State, local or tribal 

governments or on the private sector. 

I. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

rule would not have any impact on the 

autonomy or integrity of the family as 

an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516, note) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guideline issued by 

OMB. OMB’s guidelines were published 

at 67 FR 8452 (February 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (October 7, 2002). DOE has 

reviewed today’s rule under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires Federal agencies to 

prepare and submit to the Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget, a Statement of Energy Effects for 

any proposed significant energy action. 

A ‘‘significant energy action’’ is defined 

as any action by an agency that 

promulgated or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy, or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

Today’s regulatory action is not a 

significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects. 

L. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

submit to Congress a report regarding 

the issuance of today’s final rule. The 

report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 801(2). 

M. Approval by the Office of the 

Secretary of Energy 

The Office of the Secretary of Energy 

has approved issuance of this rule. 

List of Subjects in 10 CFR Part 710 

Administrative practice and 

procedure, Classified information, 

Government contracts, Government 

employees, Nuclear materials. 

Issued in Washington, DC, on November 

26, 2012. 

Gregory H. Woods, 

General Counsel. 

For the reasons stated in the 

preamble, DOE amends part 710 of 

chapter III, title 10, Code of Federal 

Regulations, as set forth below: 

PART 710—CRITERIA AND 

PROCEDURES FOR DETERMINING 

ELIGIBILTY FOR ACCESS TO 

CLASSIFIED MATTER OR SPECIAL 

NUCLEAR MATERIAL 

■ 1. The authority citation for part 710 

is revised to read as follows: 

Authority: 42 U.S.C. 2165, 2201, 5815, 

7101, et seq., 7383h–l; 50 U.S.C. 2401 et seq.; 

E.O. 10450, 3 CFR 1949–1953 comp., p. 936, 

as amended; E.O. 10865, 3 CFR 1959–1963 

comp., p. 398, as amended, 3 CFR Chap. IV; 

E.O. 13526, 3 CFR 2010 Comp., pp. 298–327 

(or successor orders); E.O. 12968, 3 CFR 1995 

Comp., p. 391. 

§§ 710.9, 710.10, 710.28, 710.29, 710.30, 

710.31, and 710.32 [Amended] 

■ 2. Sections 710.9(e); 710.10(f); 

710.28(c)(2); 710.29(a), (b), (c), (d), (f), 

(g), (h), (i) ; 710.30(b)(2); 710.31(a), (b), 

(d); and 710.32(c) are amended by 

removing the words ‘‘Deputy Chief for 

Operations’’ and adding, in their place, 

the words ‘‘Principal Deputy Chief for 

Mission Support Operations’’ wherever 

they appear. 

■ 3. Section 710.36 is revised to read as 

follows: 

§ 710.36 Acting officials. 

Except for the Secretary, the 

responsibilities and authorities 

conferred in this subpart may be 

exercised by persons who have been 

designated in writing as acting for, or in 

the temporary capacity of, the following 

DOE positions: The Local Director of 

Security; the Manager; the Director, 

Office of Personnel Security, DOE 

Headquarters; or the General Counsel. 

The responsibilities and authorities of 

the Principal Deputy Chief for Mission 

Support Operations, Office of Health, 

Safety and Security, may be exercised 

by persons in security-related Senior 

Executive Service positions within the 

Office of Health, Safety and Security 

who have been designated in writing as 

acting for, or in the temporary capacity 

of, the Principal Deputy Chief for 

Mission Support Operations, with the 

approval of the Chief Health, Safety and 

Security Officer. 

[FR Doc. 2012–29234 Filed 12–3–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 21 

[Docket No. FAA–2001–8994; Amdt. No. 21– 

96] 

RIN 2120–AK19 

Type Certification Procedures for 

Changed Products 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is revising a final 

rule published on June 7, 2000 (65 FR 

36244). In that final rule, the FAA 

amended its regulations for the 

certification of changes to typecertificated products. That amendment 

was to enhance safety by applying the 

latest airworthiness standards, to the 

extent practical, for the certification of 

significant design changes of aircraft, 

aircraft engines, and propellers. The 

existing rule requires the applicant 

show that the ‘‘changed product’’ 

complies with applicable standards. 

This action revises that requirement so 

that an applicant is required to show 

compliance only for the change and 

areas affected by the change. The 

intended effect of this action is to make 

the regulation consistent with the FAA’s 


erowe on DSK2VPTVN1PROD with 
71692 Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations 

1The term ‘‘product’’ is defined in § 21.1(b) as 

‘‘aircraft, aircraft engine, or propeller.’’ 

intent and with the certification practice 

both before and after the adoption of the 

existing rule. 

DATES: Effective date: This rule becomes 

effective February 4, 2013. 

Comment date: Send comments on or 

before January 3, 2013. 

ADDRESSES: Send comments identified 

by docket number FAA–2001–8994 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://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: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket. This includes the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the 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: For 

technical questions concerning this 

action, contact Victor Powell, 

Certification Procedures Office (AIR– 

110), Aircraft Certification Service, 

Federal Aviation Administration, 950 

L’Enfant Plaza SW., Washington, DC 

20024; telephone (202) 385–6326; email 

victor.powell@faa.gov; or Randall 

Petersen, Certification Procedures Office 

(AIR–110), Aircraft Certification 

Service, Federal Aviation 

Administration, 950 L’Enfant Plaza SW., 

Washington, DC 20024; telephone (202) 

385–6325, email 

randall.petersen@faa.gov. 

For legal questions concerning this 

action, contact Douglas Anderson, 

Northwest Mountain Region—Deputy 

Regional Counsel (ANM–7), Office of 

the Chief Counsel, Federal Aviation 

Administration Northwest Mountain 

Regional Office, 1601 Lind Ave. SW., 

Renton, WA 98057; telephone (425) 

227–2166; facsimile (425) 227–1007; 

email douglas.anderson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The Federal Aviation 

Administration’s (FAA) authority to 

issue rules on 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 the scope of the FAA 

Administrator’s authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart III, chapter 447, 

section 44701. Under that section, 

Congress charges the FAA with 

promoting the safe flight of civil aircraft 

in air commerce by prescribing 

regulations for practices, methods, and 

procedures the FAA Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it will clarify 

existing requirements for an applicant’s 

showing of compliance of an altered 

type-certificated product. 

I. Overview of Final Rule 

The FAA has recognized over time the 

wording of current § 21.101 may 

establish a requirement for a compliance 

showing that is too broad for an 

applicant for a major design change. The 

current § 21.101(a) requires an applicant 

to show the ‘‘changed product’’ meets 

applicable airworthiness requirements.1

The purpose of § 21.101 is to require an 

applicant to evaluate the proposed 

design change and its effect on the 

product rather than the re-evaluation 

(certification) of the entire changed 

product. Therefore, § 21.101 is amended 

to replace ‘‘changed product’’ with 

‘‘change and areas affected by the 

change’’ to accurately limit the scope of 

compliance responsibility for the 

applicant. That change is also made in 

§ 21.97 for the same reason. 

II. Background 

On June 7, 2000, the FAA published 

a final rule entitled, ‘‘Type Certification 

Procedures for Changed Products’’ (65 

FR 36244). In that final rule, the FAA 

revised the procedural requirements for 

the certification of changes to typecertificated products. The revision 

required the applicant to apply the 

latest airworthiness standards in effect, 

to the extent practical, for the 

certification of significant design 

changes of aircraft, aircraft engines, and 

propellers. Before this final rule, many 

changes to aeronautical products were 

not required to show compliance with 

the latest airworthiness standards. This 

rule was needed because incremental 

design approval changes accumulated 

into significant differences from the 

original product. The final rule was 

intended to expand under what 

conditions the latest airworthiness 

amendments needed to be applied to 

changes to aeronautical products. 

A. Statement of the Problem 

Section 21.101 requires that 

applicants show the ‘‘changed product’’ 

meets the applicable requirements to 

obtain an amended type certificate, 

supplemental type certificate, or 

amended supplemental type certificate. 

While the purpose of the rule was to 

enhance safety by requiring compliance 

with the latest amendments, we 

intended to limit an applicant’s 

responsibility to those areas affected by 

the change. Areas not affected by the 

change, as described in § 21.101(b)(2) 

need not be resubstantiated. 

The preambles to the notice of 

proposed rulemaking (NPRM) (62 FR 

24294, May 2, 1997) and the subsequent 

final rule entitled ‘‘Type Certification 

Procedures for Changed Products’’ (65 

FR 36244, June 7, 2000) established 

parameters of an applicant’s 

responsibility for showing compliance 

with the latest amendments to the 

change and those areas affected by the 

change of a type-certificated product. 

However, the term ‘‘product’’ is defined 

in § 21.1(b) to mean ‘‘aircraft, aircraft 

engine, or propeller.’’ By requiring 

applicants to show the ‘‘changed 

product’’ meets applicable 

requirements, we inadvertently required 

the entire product be shown to meet at 

least the requirements that applied to 

the original type certificate. This was 

not our intent and was neither the 

FAA’s practice before the adoption of 

that rule, nor has it been our practice 

since its adoption. 

B. Revision to the Regulation 

The term ‘‘changed product’’ is 

replaced with ‘‘change and areas 

affected by the change’’ in § 21.101 to be 

consistent with the rule language as 

established in § 21.101(b)(2) and (b)(3) 


erowe on DSK2VPTVN1PROD with 
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations 71693 

and to clarify the responsibility of the 

applicant. The ‘‘change’’ refers to the 

design change proposed by the 

applicant. ‘‘Areas affected by the 

change’’ refers to aspects of the type 

design the applicant may not be 

proposing to change directly, but that 

are affected by the applicant’s proposal. 

For example, changing an airframe’s 

structure, such as adding a cargo door 

in one location, may affect the frame or 

floor loading in another area. Further, 

upgrading engines with new 

performance capabilities could require 

additional showing of compliance for 

minimum control speeds and airplane 

performance requirements. For many 

years the FAA has required applicants 

to consider these effects, and this 

practice is unchanged by this 

rulemaking. 

During efforts to revise § 21.101, the 

FAA discovered that § 21.97(a)(2), 

Approval of major changes in type 

design, contains similar language to 

§ 21.101 in the case of a ‘‘changed 

product.’’ The FAA has therefore 

determined that § 21.97(a)(2) should 

also be changed by this amendment. 

IV. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Orders 12866 and 13563 

direct that each Federal agency shall 

propose or adopt a regulation only upon 

a reasoned determination 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, this 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. 

In conducting these analyses, the FAA 

determined that this rule: (1) Has 

benefits that justify its costs, (2) is not 

an economically ‘‘significant regulatory 

action’’ as defined in section 3(f) of 

Executive Order 12866, (3) is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures, (4) 

will not have a significant economic 

impact on a substantial number of small 

entities, (5) will not create unnecessary 

obstacles to the foreign commerce of the 

United States, and (6) will not impose 

an unfunded mandate on state, local, or 

tribal governments, or on the private 

sector by exceeding the threshold 

identified above. 

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 

allows 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 minimal cost determination has 

been made on this final rule because 

this requirement reflects current 

practices. 

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 final 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 an initial 

regulatory flexibility analysis as 

described in the RFA. However, if an 

agency determines that a final rule will 

not 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. 

The net economic impact of this rule 

is expected to be minimal. As this rule 

is clarifying in nature, the acting FAA 

Administrator certifies that this rule 

will not have 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 

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. We assessed the 

potential effect of this rule and 

determined that it will not constitute an 

obstacle to the foreign commerce of the 

United States, and, thus, is consistent 

with the Trade Assessments Act. 

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 

(adjusted annually for inflation with the 

base year 1995) 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 

$143.1 million in lieu of $100 million. 

This rule does not contain such a 

mandate; therefore, the requirements of 

Title II 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. 


erowe on DSK2VPTVN1PROD with 
71694 Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations 

F. International Compatibility and 

Cooperation 

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 reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these regulations. 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

promotes international regulatory 

cooperation to meet shared challenges 

involving health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609, and has determined that 

this action would have no effect on 

international regulatory cooperation. 

G. Environmental Analysis 

FAA Order 1050.1E 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 312(f) of the Order and 

involves no extraordinary 

circumstances. 

V. Executive Order Determinations 

A. Executive Order 12866 

See the ‘‘Regulatory Evaluation’’ 

discussion in the ‘‘Regulatory Notices 

and Analyses’’ section elsewhere in this 

preamble. 

B. Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

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, 

will not have Federalism implications. 

C. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA has analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

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

have 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. 

VI. Additional Information 

A. Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

the amendments in this document. The 

most helpful comments reference a 

specific portion of the rulemaking, 

explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this rulemaking. Before acting on this 

rulemaking, the FAA will consider all 

comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The agency may 

change this proposal in light of the 

comments it receives. 

Proprietary or Confidential Business 

Information: Commenters should not 

file proprietary or confidential business 

information in the docket. Such 

information must be sent or delivered 

directly to the person identified in the 

FOR FURTHER INFORMATION CONTACT

section of this document, and marked as 

proprietary or confidential. If submitting 

information on a disk or CD ROM, mark 

the outside of the disk or CD ROM, and 

identify electronically within the disk or 

CD ROM the specific information that is 

proprietary or confidential. 

Under 14 CFR 11.35(b), if the FAA is 

aware of proprietary information filed 

with a comment, the agency does not 

place it in the docket. It is held in a 

separate file to which the public does 

not have access, and the FAA places a 

note in the docket that it has received 

it. If the FAA receives a request to 

examine or copy this information, it 

treats it as any other request under the 

Freedom of Information Act (5 U.S.C. 

552). The FAA processes such a request 

under Department of Transportation 

procedures found in 49 CFR part 7. 

B. Availability of Rulemaking 

Documents 

An electronic copy of a rulemaking 

document my 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. 

C. 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 in 14 CFR Part 21 

Aircraft, Aviation safety, Exports, 

Imports, Reporting and recordkeeping 

requirements. 

The Amendments 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of Title 14, Code of 

Federal Regulations as follows: 


erowe on DSK2VPTVN1PROD with 
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations 71695 

PART 21—CERTIFICATION 

PROCEDURES FOR PRODUCTS AND 

PARTS 

■ 1. The authority citation for part 21 

continues to read as follows: 

Authority: 42 U.S.C. 7572; 49 U.S.C. 

106(g), 40105, 40113, 44701–44702, 44704, 

44707, 44709, 44711, 44713, 44715, 45303. 

■ 2. In § 21.97, revise paragraph (a)(2) to 

read as follows: 

§ 21.97 Approval of major changes in type 

design. 

(a) * * * 

(2) Show that the change and areas 

affected by the change comply with the 

applicable requirements of this 

subchapter, and provide the FAA the 

means by which such compliance has 

been shown; and 

* * * * * 

■ 3. In § 21.101, revise paragraphs (a), 

(b) introductory text, (b)(3), and (c) to 

read as follows: 

§ 21.101 Designation of applicable 

regulations. 

(a) An applicant for a change to a type 

certificate must show that the change 

and areas affected by the change comply 

with the airworthiness requirements 

applicable to the category of the product 

in effect on the date of the application 

for the change and with parts 34 and 36 

of this chapter. Exceptions are detailed 

in paragraphs (b) and (c) of this section. 

(b) Except as provided in paragraph 

(g) of this section, if paragraphs (b)(1), 

(2), or (3) of this section apply, an 

applicant may show that the change and 

areas affected by the change comply 

with an earlier amendment of a 

regulation required by paragraph (a) of 

this section, and of any other regulation 

the FAA finds is directly related. 

However, the earlier amended 

regulation may not precede either the 

corresponding regulation incorporated 

by reference in the type certificate, or 

any regulation in §§ 23.2, 25.2, 27.2, or 

29.2 of this subchapter that is related to 

the change. The applicant may show 

compliance with an earlier amendment 

of a regulation for any of the following: 

* * * * * 

(3) Each area, system, component, 

equipment, or appliance that is affected 

by the change, for which the FAA finds 

that compliance with a regulation 

described in paragraph (a) of this 

section would not contribute materially 

to the level of safety of the product or 

would be impractical. 

(c) An applicant for a change to an 

aircraft (other than a rotorcraft) of 6,000 

pounds or less maximum weight, or to 

a non-turbine rotorcraft of 3,000 pounds 

or less maximum weight may show that 

the change and areas affected by the 

change comply with the regulations 

incorporated by reference in the type 

certificate. However, if the FAA finds 

that the change is significant in an area, 

the FAA may designate compliance 

with an amendment to the regulation 

incorporated by reference in the type 

certificate that applies to the change and 

any regulation that the FAA finds is 

directly related, unless the FAA also 

finds that compliance with that 

amendment or regulation would not 

contribute materially to the level of 

safety of the product or would be 

impractical. 

* * * * * 

Issued in Washington, DC on November 21, 

2012. 

Michael P. Huerta, 

Acting Administrator. 

[FR Doc. 2012–29276 Filed 12–3–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 173 

[Docket No. FDA–2011–F–0853] 

Secondary Direct Food Additives 

Permitted in Food for Human 

Consumption; Sodium 

Dodecylbenzenesulfonate 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

food additive regulations to provide for 

the safe use of sodium 

dodecylbenzenesulfonate (CAS No. 

25155–30–0) as an antimicrobial agent 

for use in wash water for fruits and 

vegetables without the requirement of a 

potable water rinse. This action is in 

response to a petition filed by Ecolab, 

Inc. 

DATES: This rule is effective December 4, 

2012. Submit either electronic or 

written objections and requests for a 

hearing by January 3, 2013. See section 

VII of this document for information on 

the filing of objections. 

ADDRESSES: You may submit either 

electronic or written objections and 

requests for a hearing, identified by 

Docket No. FDA–2011–F–0853, by any 

of the following methods: 

Electronic Submissions 

Submit electronic objections in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written objections in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier (for 

paper or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, Rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

Docket No. FDA–2011–F–0853 for this 

rulemaking. All objections received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

objections, see the ‘‘Objections’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

objections received, go to http:// 

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Molly Harry, Center for Food Safety and 

Applied Nutrition (HFS–265), Food and 

Drug Administration, 5100 Paint Branch 

Pkwy., College Park, MD 20740, 240– 

402–1075. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In a notice published in the Federal 

Register of February 2, 2012 (77 FR 

5201), FDA announced that a food 

additive petition (FAP 2A4785) had 

been filed by Ecolab, Inc., 370 North 

Wabasha St., St. Paul, MN 55102–1390. 

The petition proposed to amend the 

food additive regulations in part 173, 

‘‘Secondary Direct Food Additives 

Permitted in Food for Human 

Consumption’’ (21 CFR part 173), to 

provide for the safe use of sodium 

dodecylbenzenesulfonate (SDBS) as an 

antimicrobial agent used as a 

component of an antimicrobial 

formulation added to wash water for 

fruits and vegetables (e.g., whole fruits 

and vegetables as well as fruits, 

vegetables, and herbs that have been 

chopped, sliced, cut, or peeled) to 

reduce microorganisms in wash water 


erowe on DSK2VPTVN1PROD with