Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 18981 

falling within the provisions of 

paragraph (a) of this section and 

intending to travel by air or sea to the 

United States under the VWP must 

receive a travel authorization via ESTA 

prior to boarding a carrier destined for 

travel to the United States. 

(2) Applicants arriving at land ports 

of entry. Each alien falling within the 

provisions of paragraph (a) of this 

section and intending to travel by land 

to the United States under the VWP 

must receive a travel authorization via 

ESTA prior to application for admission 

to the United States. 

(c) Required elements. CBP will 

collect such information as the 

Secretary deems necessary to issue a 

travel authorization as reflected in the 

ESTA application. 

* * * * * 

PART 286—IMMIGRATION USER FEE 

■ 10. The authority citation for part 286 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1356; Title 

VII of Public Law 110–229; 8 CFR part 2. 

§ 286.9 [Amended] 

■ 11. Amend § 286.9(b)(2) as follows: 

■ a. Remove the word ‘‘Pilot’’; and 

■ b. Add the words ‘‘, as prescribed in 

§ 103.7(d)(5) of this chapter,’’ after 

‘‘Form I–94W’’. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–06366 Filed 3–31–22; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0280; Project 

Identifier AD–2021–00504–T; Amendment 

39–21984; AD 2022–06–18] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all The 

Boeing Company Model 767–2C series 

airplanes. This AD was prompted by a 

report of multiple nuisance caution 

‘‘RECIRC SMOKE’’ engine indication 

and crew alerting system (EICAS) 

messages that may occur when water 

accumulates in the alternative 

ventilation system (AVS) duct. This AD 

requires replacing the alternative 

ventilation duct having a certain part 

number with a new part number, and 

for certain airplanes, changing the 

insulation blanket to install the drain 

hose. This AD also prohibits the 

installation of an alternative ventilation 

duct, part number (P/N) 216T2101–704, 

on any airplane. The FAA is issuing this 

AD to address the unsafe condition on 

these products. 

DATES: This AD is effective April 18, 

2022. 

The FAA must receive comments on 

this AD by May 16, 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. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0280; 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 

final rule, any comments received, and 

other information. The street address for 

the Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Brandon Lucero, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Section, FAA, Seattle ACO 

Branch, 2200 South 216th St., Des 

Moines, WA 98198; phone and fax: 206– 

231–3569; email: Brandon.Lucero@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA has received a report 

indicating multiple nuisance caution 

‘‘RECIRC SMOKE’’ EICAS messages that 

may occur when water accumulates in 

the AVS duct. The AVS duct is at a 

lower position than the recirculation 

smoke detector tubing, and therefore, 

there is a potential for water to leak onto 

the AVS duct. Water accumulation in 

the AVS duct can block AVS system 

airflow into the airplane, creating a loss 

of conditioned inflow and result in cold 

or hot flight deck temperatures. This 

condition, if not addressed, could affect 

the flightcrew’s ability to maintain 

continued safe flight and landing. The 

FAA is issuing this AD to address the 

unsafe condition on these products. 

FAA’s Determination 

The FAA is issuing this AD because 

the agency has determined the unsafe 

condition described previously is likely 

to exist or develop in other products of 

the same type design. 

AD Requirements 

This AD requires replacing the 

alternative ventilation duct having P/N 

216T2101–704 with new P/N 

216T2101–707, and for certain 

airplanes, changing the insulation 

blanket to install the drain hose. This 

AD also prohibits the installation of an 

alternative ventilation duct, P/N 

216T2101–704, on any airplane. 

Justification for Immediate Adoption 

and Determination of the Effective Date 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 551 et seq.) authorizes agencies 

to dispense with notice and comment 

procedures for rules when the agency, 

for ‘‘good cause,’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without providing notice and 

seeking comment prior to issuance. 

Further, section 553(d) of the APA 

authorizes agencies to make rules 

effective in less than thirty days, upon 

a finding of good cause. 

There are currently no U.S.-registered 

airplanes affected by this AD. 

Accordingly, notice and opportunity for 

prior public comment are unnecessary, 

pursuant to 5 U.S.C. 553(b)(3). In 

addition, for the foregoing reason(s), the 

FAA finds that good cause exists 

pursuant to 5 U.S.C. 553(d) for making 

this amendment effective in less than 30 

days. 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under ADDRESSES. 

Include Docket No. FAA–2022–0280 

and Project Identifier AD–2021–00504– 

T at the beginning of your comments. 

The most helpful comments reference a 

specific portion of the final rule, explain 

the reason for any recommended 

change, and include supporting data. 

The FAA will consider all comments 

received by the closing date and may 


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18982 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 

amend this final rule 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 final rule. 

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 AD 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 AD, 

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 AD. Submissions containing CBI 

should be sent to Brandon Lucero, 

Aerospace Engineer, Cabin Safety and 

Environmental Systems Section, FAA, 

Seattle ACO Branch, 2200 South 216th 

St., Des Moines, WA 98198; phone and 

fax: 206–231–3569; email: 

Brandon.Lucero@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. 

Regulatory Flexibility Act 

The requirements of the Regulatory 

Flexibility Act (RFA) do not apply when 

an agency finds good cause pursuant to 

5 U.S.C. 553 to adopt a rule without 

prior notice and comment. Because the 

FAA has determined that it has good 

cause to adopt this rule without notice 

and comment, RFA analysis is not 

required. 

Costs of Compliance 

Currently, there are no affected U.S.- 

registered airplanes. For any affected 

airplane that is imported and placed on 

the U.S. Register in the future, the FAA 

provides the following cost estimates to 

comply with this AD: 

ESTIMATED COSTS * 

Action Labor cost Parts cost Cost per product 

Replacement and drain hose installation.Up to 5 work-hour × $85 per hour 

= $425.

Up to $5,490 ................................ Up to $5,915. 

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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will 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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

2022–06–18 The Boeing Company: 

Amendment 39–21984; Docket No. 

FAA–2022–0280; Project Identifier AD– 

2021–00504–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective April 18, 2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all The Boeing 

Company Model 767–2C series airplanes, 

certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 21, Air conditioning. 

(e) Unsafe Condition 

This AD was prompted by a report of 

multiple nuisance caution ‘‘RECIRC SMOKE’’ 

engine indication and crew alerting system 

(EICAS) messages that may occur when water 

accumulates in the alternative ventilation 

system (AVS) duct. The FAA is issuing this 

AD to address water accumulation in the 

AVS duct, which can block AVS system 

airflow into the airplane, creating a loss of 

conditioned inflow and result in cold or hot 

flight deck temperatures, and potentially 

affect the flightcrew’s ability to maintain 

continued safe flight and landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Replacement and Installation 

Within 36 months after the effective date 

of this AD: Replace the alternative ventilation 

duct having part number (P/N) 216T2101– 

704 with P/N 216T2101–707; and change the 

insulation blanket to install the drain hose, 

as applicable; in accordance with a method 

approved by the Manager, Seattle ACO 

Branch, FAA. 

(h) Parts Installation Prohibition 

As of the effective date of this AD, no 

person may install an alternative ventilation 

duct, P/N 216T2101–704, on any airplane. 


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Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 18983 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle ACO 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 responsible Flight 

Standards 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 (j) of this 

AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by The Boeing Company 

Organization Designation Authorization 

(ODA) that has been authorized by the 

Manager, Seattle ACO Branch, FAA, to make 

those findings. To be approved, the repair 

method, modification deviation, or alteration 

deviation must meet the certification basis of 

the airplane, and the approval must 

specifically refer to this AD. 

(j) Related Information 

For more information about this AD, 

contact Brandon Lucero, Aerospace Engineer, 

Cabin Safety and Environmental Systems 

Section, FAA, Seattle ACO Branch, 2200 

South 216th St., Des Moines, WA 98198; 

phone and fax: 206–231–3569; email: 

Brandon.Lucero@faa.gov. 

(k) Material Incorporated by Reference 

None. 

Issued on March 10, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–06871 Filed 3–31–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0232] 

RIN 1625–AA08 

Special Local Regulation; Bonita 

Tideway, Brigantine, NJ 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for navigable waters of the 

Bonita Tideway near Brigantine, NJ. 

This action is needed to provide for the 

safety of life on these navigable waters 

during a rowing competition on April 2, 

2022, and April 3, 2022. This 

rulemaking prohibits persons and 

vessels from being in the regulated areas 

during the enforcement period unless 

authorized entry by the Captain of the 

Port (COTP), Delaware Bay Zone or a 

designated representative. 

DATES: This rule is effective from 4 p.m. 

on April 2, 2022, through 1 p.m. April 

3, 2022. This rule will be enforced from 

4:30 p.m. to 7:30 p.m. on April 2, 2022, 

and from 7:30 a.m. to 12:30 p.m. on 

April 3, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0232 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MST1 Jennifer Padilla, Waterways 

Management Division, Sector Delaware 

Bay, U.S. Coast Guard; telephone (215) 

271–4889, email Jennifer.l.padilla@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

event sponsor required a change of 

location from the planned event area 

near Atlantic City, NJ. The sponsor 

notified the Coast Guard on March 17, 

2022, of the location move to Brigantine, 

NJ. Publishing an NPRM would be 

impracticable and contrary to the public 

interest, because we must establish this 

special local regulation by April 2, 2022, 

to ensure the safety of participants and 

the public. Possible hazards include 

risks of participant injury or death 

resulting from near or actual contact 

with non-participant vessels traversing 

through the regulated area. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

provide for the safety of life on these 

navigable waters during a rowing 

competition on April 2, 2022, and April 

3, 2022. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70041. The 

Secretary has delegated ports and 

waterways authority, with certain 

reservations not applicable here, to the 

Commandant via DHS Delegation No. 

00170.1(II)(70), Revision No. 01.2. The 

Commandant has further delegated 

these authorities within the Coast Guard 

as described in 33 CFR 1.05–1 and 6.04– 

6. The Coast Guard has determined that 

the Stockton University Rowing 

competition could pose a risk to 

participants or waterway users if normal 

vessel traffic were to interfere with the 

event. Possible hazards include risks of 

participant injury or death resulting 

from near or actual contact with nonparticipant vessels traversing through 

the regulated areas. In order to protect 

the safety of all waterway users, 

including event participants and 

spectators, this rule establishes a special 

local regulation on April 2, 2022, and 

April 3, 2022, within specified waters of 

Bonita Tideway, Brigantine, NJ. This 

rule prevents vessels from entering, 

transiting, mooring or anchoring within 

areas specifically designated as 

regulated area during the periods of 

enforcement, unless authorized by the 

Captain of the Port (COTP), or 

designated Event Patrol Commander. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation from 4:00 p.m. on April 2, 

2022, until 1 p.m. on April 3, 2022. The 

special local regulation will be enforced 

from 4:30 p.m. to 7:30 p.m. on April 2, 

2022, and from 7:30 a.m. to 12:30 p.m. 

on April 3, 2022. The regulated area will 

cover all navigable waters of Bonita 

Tideway in Brigantine, NJ, within a 

polygon bounded by the following: 

Originating on the northern portion at 

approximate position latitude 39°24′33′′ 

N, longitude 074°22′28′′ W; thence 

southwest across the Bonita Tideway to 

the shoreline to latitude 39°24′22′′ N, 

longitude 074°22′49′′ W; thence 

southwest along the shoreline to 


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